How to restore the patent right after the patent expires?

The way to restore the rights after the expiration of the patent right is that if the parties delay 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 their rights, they may request the patent administration department in the State Council to restore their rights within 2 months from the date when the obstacles are removed, or at the latest within 2 years from the date when the time limit expires.

legal ground

According to Article 3 of the Patent Law, the patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.

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