Patents that automatically terminate due to expiration cannot be restored. Where the patent is terminated for other reasons, it may be filed within a reasonable time limit for the patentee to file an application for right restoration after the notice of termination is issued by the State Information Bureau.
Legal objectivity:
Article 44 of the Patent Law of People's Republic of China (PRC) is under any of the following circumstances: (1) Failing to pay the annual fee as required; (2) The patentee waives his patent right in writing. Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council. Article 6 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) * * * Where a party delays the time limit specified in the Patent Law or these Detailed 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 of removal of the obstacle, at the latest within 2 years from the date of expiration of the time limit.