What are the procedures and steps of patent restoration in China?

1. What are the procedures and steps of patent restoration in China? When a party requests the restoration of rights, it shall go through the corresponding procedures before the loss of rights to eliminate the reasons for the loss of rights. For example, if the applicant fails to pay the application fee and his patent application is deemed to have been withdrawn, he shall pay the prescribed application fee at the same time as requesting the restoration of his right to apply. 1, scope of application? The first and second paragraphs of Article 6 of the Detailed Rules for the Implementation of the Patent Law stipulate the conditions for the parties to request the restoration of their rights after losing their rights due to the delay. The fifth paragraph of this article also stipulates that if a person loses his rights due to the delay in grace period, priority period, patent period and limitation of tort action, he may not request the restoration of his rights. ? 2. Procedures? According to the second paragraph of Article 6 of the Detailed Rules for the Implementation of the Patent Law, a request for the restoration of rights shall be filed within two months from the date of receiving the punishment decision of the Patent Office or the Patent Reexamination Board, explaining the reasons and paying the request fee for the restoration of rights at the same time; According to the first paragraph of Article 6 of the Detailed Rules for the Implementation of the Patent Law, the request for the restoration of rights shall be made within two months from the date when the obstacle is removed, and at the latest within two years from the date when the time limit expires, with reasons explained and relevant supporting documents attached if necessary. ? When a party requests the restoration of rights, it shall go through the corresponding procedures before the loss of rights to eliminate the reasons for the loss of rights. For example, if the applicant fails to pay the application fee and his patent application is deemed to have been withdrawn, he shall pay the prescribed application fee at the same time as requesting the restoration of his right to apply. ? 3. Recognition (1)? If the right restoration request meets the requirements, the right restoration shall be granted, and a notice of examination and approval of the right restoration request shall be issued. The applicant submits a letter expressing his willingness to request the restoration of rights, as long as the application number (or patent number) is indicated? And the signature or seal meets the requirements, it can be regarded as a qualified request for restoration of rights. ? (2)? If a request is submitted within the prescribed time limit or the fee for the request for restoration of rights has been paid in full, but it still does not meet the requirements, the examiner shall issue a Notice of Correction of the Procedure for Restoration of Rights, requiring the parties to make corrections within the specified time limit or go through the relevant formalities. If the procedures for correction or replacement meet the requirements, the right shall be granted and a notice for examination and approval of the request for restoration of rights shall be issued. If it is not corrected or still does not meet the requirements after correction, it will not be restored, and a Notice of Approval for Request for Restoration of Rights will be issued, explaining the reasons for not restoring it. Restore the right of patent application (or patent right) with the consent of the Patent Office? Continue to go through the patent examination and approval procedures. If the punishment decision has been announced, the decision to restore the rights shall also be announced in the patent gazette. Two. Legal liability of patent right According to the provisions of the Patent Law and other relevant laws, the legal liability that the infringer should bear includes civil liability, administrative liability and criminal liability. 1. Administrative responsibility for patent infringement. The department in charge of patent work has the right to order the infringer to stop the infringement, make corrections within a time limit and impose a fine. At the request of the parties concerned, the administrative department for patent affairs may also mediate the amount of compensation for patent infringement. 2. Civil Liability (1) Stop Infringement Stop Infringement means that the patent infringer should immediately stop the ongoing patent infringement according to the decision of the department in charge of patent work or the judgment of the people's court. (2) Compensation for losses The amount of compensation for infringement of the patent right shall be determined according to the losses suffered by the patentee due to the infringement or the benefits obtained by the infringer; If it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, it can be reasonably determined by referring to the multiple of the patent license fee. (3) Eliminating the Impact When the infringer's infringement causes damage to the goodwill of the patented product in the market, the infringer shall bear the legal responsibility for eliminating the impact in an appropriate way and admit his own infringement to eliminate the adverse impact on the patented product. 3. Criminal Responsibility In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility. As the country pays more and more attention to the field of innovation and technology, it also pays more and more attention to the maintenance of patents and patent rights, and the procedures for patent restoration are more perfect and the corresponding processes are simpler. While understanding patents, we should also understand the corresponding legal responsibilities of patent rights, and never infringe others' patent rights or illegally steal others' labor results for our own selfish interests.