How to submit a patent recovery request

Legal analysis: 1. The original application must be submitted electronically; 2. The original paper application must be submitted; 3. Application for restoration of rights after the termination of the patent right: Generally, when the patent office issues a notice of termination, the patentee will be given a reasonable period (2 months) to apply for restoration of rights. If the patentee fails to apply within the time limit, the patent right will eventually be lost; However, the patentee fails to implement it due to force majeure or other legitimate reasons. Needless to say, force majeure is justified, because the patentee has exhausted all possible means and still cannot apply on time.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.