How does the law provide for the restoration of patent rights?
How does the law provide for the restoration of patent rights? Under normal circumstances, the patent right can be restored if a request for patent right restoration is made within two months after receiving the notice of patent right termination and the reasons are explained, and the annual fee, late payment fee and restoration fee are paid. It is generally difficult to recover beyond this period unless there is a glimmer of hope caused by irresistible natural disasters. The termination of the patent right refers to the expiration of the patent protection period or the invalidation of the patent right for some reason. There are mainly the following situations: (1) Failure to pay the annual fee as required; (2) The patentee waives the patent right in writing; (3) When the patent right expires, the patent right will be terminated. If the annual patent fee has not been paid or the annual patent fee and late payment fee have been paid in full, a notice of patent termination shall be issued within two months from the date of expiration of the annual patent fee, which shall not be earlier than 1 month, and the patentee shall be notified. Where the patentee fails to start the recovery procedure or the recovery is not approved, it shall register and announce it in the patent register and patent announcement respectively four months after the termination notice is issued. After that, the patent application file is stored in the invalid file database. The expiration date of the patent right is the expiration date of the previous year. Detailed Rules for the Implementation of the Patent Law Article 6 Where 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. In addition to the circumstances specified in the preceding paragraph, if a party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department in the State Council for other legitimate 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 of receiving the notice from the patent administration department in the State Council. 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 when necessary, and go through the corresponding procedures that should be handled before losing the rights; In accordance with the provisions of the second paragraph of this article, those who request the restoration of their rights shall also pay the fees. The difference between copyright and patent right (1) protects different objects. Copyright protects not the ideological content of a work, but the concrete form of expressing the ideological content. Patents are different. The patent law protects the novel, creative and practical invention, which goes deep into the technical scheme itself and has no form of expression. (2) The guarantee conditions are different. Copyright does not require that the protected work be original, only that it be original. For inventions with the same content, the patent right is only granted to the first applicant. This is the difference between "originality" and "initiative", that is, the protection conditions of both. (3) The two rights have different procedures. Copyright in most countries in the world is automatically generated with the completion of the creation of works, and there is no need to perform any registration procedures. However, several inventions with the same content can only be granted one patent, which excludes the possibility that other people with the same creative achievements enjoy the same rights. Therefore, the method of national administrative authorization must be adopted to determine the obligee. Patent rights need special authorization from the patent office, and can only be produced after application, examination, approval, announcement and issuance of patent certificates. (4) The application fields of the two works protected by different copyrights mainly involve the field of literature and art ... The patent rights mainly occur in the field of industrial production and are closely related to the technical scheme of the products. To sum up, the patent right is particularly important for a person, but the patent right needs to be paid. If the payment is stopped or for other reasons, the legitimate interests will be lost and the patent right will be terminated. If you want to resume, you must ask the reason for stopping, and then resume.