How long is the recovery time of patent rights?

it takes 2 months to 2 years to request the recovery of patent rights. According to the relevant laws and regulations, if the patent right expires due to force majeure, the person who requests to restore the right may request to restore the right after submitting relevant supporting documents to the patent administration department of the State Council. And the request period is within 2 months from the date when the obstacle is removed, and at the latest within 2 years from the date when the deadline expires.

Legal basis

Article 6 of the Detailed Rules for the Implementation of the Patent Law

If a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department in the State Council due to irresistible reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within 2 months from the date when the obstacle is removed, or at the latest within 2 years from the date when the time limit expires.

if a party requests the restoration of rights in accordance with the provisions of the first paragraph or the second paragraph of this article, it shall submit a request for the restoration of rights, explain the reasons, attach relevant supporting documents if necessary, and go through the corresponding procedures that should be handled before the loss of rights; In accordance with the provisions of the second paragraph of this article, a request for restoration of rights shall also be paid.

the provisions in the first and second paragraphs of this article are not applicable to the time limit stipulated in articles 24, 29, 42 and 68 of the patent law.