How long before the patent right is paid, can the patent right be restored?

The recovery period of the unpaid patent right: within 2 months from the date when the obstacle is removed, and within 2 years at the latest from the date when the period expires. According to the relevant laws and regulations, if the patentee fails to pay the annual fee as required due to force majeure, resulting in the loss of his rights, he may request the patent administration department of 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.

legal ground

Article 6 of the Implementing Rules of the Patent Law

Where the party concerned 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 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 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 provisions of the first and second paragraphs of this article shall not apply to the time limit stipulated in Articles 24, 29, 42 and 68 of the Patent Law.