1. If a party delays the statutory time limit or the specified time limit due to force majeure, resulting in the loss of rights, the time for filing a request shall be within 2 months from the date when the obstacle is removed or within 2 years from the date when the time limit expires. The so-called "causes of force majeure" in the legal field, referred to as force majeure for short, refers to irresistible reasons caused by natural or social factors such as earthquake, drought and turmoil that the parties cannot foresee, avoid or overcome. If the right is lost for this reason, the party concerned may explain the reason, present relevant evidence, apply to the State Patent Office and pay the right restoration request fee in time;
Two, the parties due to other legitimate reasons to delay the statutory time limit or specify the time limit resulting in the loss of rights, the time to make a request within 2 months from the date of receipt of the notice from the administrative department for patent in 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 and failure to receive relevant documents beyond the presumed time limit. If the right is lost for this reason, you can request to restore the right, and at the same time, you should compensate the original procedures and pay the request fee for restoring the right. However, not all the rights lost due to the failure to exercise relevant acts within the statutory time limit or the specified time limit can be restored. Paragraph 5 of Article 6 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) (hereinafter referred to as the Detailed Rules) stipulates: "The provisions in paragraphs 1 and 2 of this Article shall not apply to the time limit stipulated in Articles 24, 29, 42 and 68 of the Patent Law." The four clauses of the patent law stipulate the time limit for not losing novelty, the time limit for priority, the time limit for patent right and the limitation of action for patent infringement.