Patent rights restoration can be divided into the following two types according to the reasons and deadlines for the parties' applications:
1. The party delays the legal deadline or the designated deadline due to force majeure, resulting in the loss of rights , the time for filing the request shall be within 2 months from the date when the obstacle is removed or within 2 years from the date of expiration of the time limit. The so-called "force majeure" in the legal circles refers to force majeure caused by natural factors or social factors that the parties cannot foresee, avoid and overcome, such as earthquakes, droughts, unrest, etc. If the rights are lost due to such reasons, the party concerned may, within the above period, explain the reasons, produce relevant evidence, apply to the National Patent Office, and pay the right restoration request fee in a timely manner;
2. The party concerned is due to other reasons If there are legitimate reasons for delaying the legal deadline or designated deadline, resulting in the loss of rights, the time for filing the request shall be within 2 months from the date of receipt of the notice from the Patent Administration Department of the State Council. The so-called other legitimate reasons refer to reasons that are not caused by the intention or negligence of the parties, such as hospitalization due to illness, failure to receive relevant documents beyond the presumptive period, etc. If the rights are lost due to such reasons, you can request to restore the rights. At the same time, compensation should be made for the original procedures that should be completed and the request fee for restoration of rights should be paid. However, it does not mean that any rights lost due to failure to perform relevant actions within the statutory period or specified period can be restored. Article 6 of the "Implementing Rules for the Patent Law of the People's Republic of China" (hereinafter referred to as the "Rules") Paragraph 5: "The provisions of paragraphs 1 and 2 of this article shall not apply to the time limits specified in Articles 24, 29, 42 and 68 of the Patent Law." "Patent Law" The four provisions stipulate the time limit for not losing novelty, the priority time limit, the time limit of patent rights, and the statute of limitations for infringement of patent rights.