Legal analysis: If the patentee requests to restore the patent right, he shall submit it to the patent administration department within the specified time and submit the corresponding materials. 1. Submit a request to restore rights. The applicant must first submit a request for restoration of rights. When requesting the restoration of rights, the claimant shall objectively explain the reasons for the delay. 2. Pay the expenses related to the restoration of rights. After submitting the request for restoration of rights, the claimant shall immediately pay the relevant fees for restoration of rights, otherwise, the relevant request shall be deemed invalid and the Patent Office will not accept it. 3. Eliminate the causes of loss of rights. When submitting the request for restoration of rights, the claimant shall also go through the corresponding procedures before the loss of rights to eliminate the reasons for the loss of rights. 4. Pay the patent fee. If the applicant fails to pay the application fee and his patent application is deemed to have been withdrawn, he shall pay the prescribed application fee at the same time as requesting the restoration of his rights. 5. Submit the reply document. If the applicant fails to reply to the examiner's opinions within the time limit, his patent application shall be deemed to have been withdrawn, and a reply document shall be submitted when requesting the restoration of rights. 6. Submit an opinion statement. If the applicant (or patentee) disagrees with the punishment decision made by the Patent Office, it shall go through the formalities for restoring the rights first, and then submit a statement of opinions to the Patent Office.
Legal basis: Article 6 of the Detailed Rules for the Implementation of the Patent Law delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department of the State Council due to irresistible reasons; If the right is lost, the administrative department for patent in the State Council may be requested to restore the right within 2 months from the date of removal of the obstacle, or at the latest within 2 years from the date of expiration of the time limit. Except in the circumstances specified in the preceding paragraph, 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 of the State Council for other legitimate reasons; Causing the loss of their rights, they may, within 2 months from the date of receiving the notice from the patent administration department of the State Council, request the patent administration department of the State Council to restore their rights.