How long is the recovery period of patent application right?
1. What is the time limit for the restoration of patent application right? The time limit for patent right restoration is: within two months from the date when the obstacle is removed, and at the latest within two years from the date when the time limit expires, the patent administrative department of the State Council may be requested to restore the right. Patents are sometimes frozen due to some factors and can be unfrozen after verification. This process takes time. 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. Second, the patent right is small. The termination of patent right refers to the expiration of patent protection period or the invalidation of 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. III. How to Restore the Patent Right Generally speaking, when the Patent Office issues a notice of termination, it will give the patentee a reasonable period (2 months) to file an application for restoring the right. If the patentee fails to apply within the time limit, the patent right will eventually be lost; However, the patentee fails to implement it due to force majeure or other legitimate reasons. Needless to say, force majeure is because the patentee has exhausted all possible means and still cannot apply on time. In this case, Joe can apply by mail, so his claim is not established. To sum up, the patent right may be invalid for some reasons, such as not renewing it in time when it expires. If you want to continue to use it, you need to restore the patent right. You can understand the relevant process and go to the professional department to accept it. It usually takes about two months to process.