Can a patent be reinstated if it expires without paying annual fees
The patent can be reinstated if it expires without paying annual fees.
How to handle patent rights restoration procedures
(1) The parties are force majeure If the time limit is delayed for any reason, resulting in the loss of rights, within 2 months from the date when the obstacle is removed, but at the latest 2 years from the date of expiration, the person may explain the reasons to the Patent Office and attach relevant supporting documents, and request restoration Its rights;
(2) The party concerned has legitimate reasons If the deadline is delayed and the rights are lost, the applicant may explain the reasons to the Patent Office within 2 months from the date of receipt of the notice from the Patent Office and request the restoration of his rights;
(3) If the maintenance fee or annual fee is not paid on time, you can only apply to the Patent Office on the grounds of force majeure. restore their rights.
To handle rights restoration procedures, you must submit a "Request for Rights Restoration" and attach relevant certificates. There is also a restoration fee.
Article 43 of the Patent Law: The patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44: One of the following circumstances , the patent right terminates before the expiration of the term:
(1) Failure to pay annual fees in accordance with regulations;
(2) The patentee gives up its patent rights in a written statement.
If the patent right is terminated before the expiration of the term, the Registration and announcement by the Patent Administration Department of the State Council.
Article 45 From the Patent Administration Department of the State Council From the date of announcement of the grant of a patent right, any unit or individual that believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right invalid.
Article 46 Declaration by the Patent Reexamination Board A request to invalidate a patent right should beA timely review and decision will be made, and the requester and patentee will be notified. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.
The Patent Reexamination Board declares the patent right invalid or maintains it If you are dissatisfied with the decision on patent rights, you may file a lawsuit with the People's Court within three months from the date of receipt of the notice. People
To sum up, it is the legal savior network small The editor brings you some relevant information about whether in our real life, patents that have expired without paying annual fees can be restored. Through the above information, we can know that the acquisition of patent rights must meet the prescribed conditions, and not all Everything can be obtained, but at this time we also need to know that the patent rights will be terminated after acquisition. If you still have any questions, the editor recommends that you consult the Legal Savior Network. I hope the above information will be helpful to you.
