1. How long does it take for a patent right restoration request to be approved?
1. Patent right Whether the recovery request can be passed is not directly related to the length of time. It is related to whether the application materials submitted by the parties comply with the regulations. According to relevant legal provisions, if the patent right is lost due to force majeure, the patentee may submit a restoration request to the Patent Administration Department of the State Council within 2 months from the date the obstacle is eliminated, and at the latest 2 years from the expiration date. A request for rights, stating the reasons and requesting restoration of rights.
2. Legal basis: According to the provisions of Article 6 of the "Patent Law Implementing Rules", the party delays the application stipulated in the Patent Law or these Rules due to force majeure. If the time limit or the time limit specified by the patent administration department of the State Council results in the loss of rights, the person may request the patent administration department of the State Council to restore the rights within 2 months from the date when the obstacle is eliminated, and at the latest within 2 years from the date of expiration of the time limit.
If a party requests the restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, he shall submit a request for restoration of rights, explain the reasons, and attach relevant certificates if necessary Documents should be filed and the corresponding procedures should be completed before the rights are lost; if a request for restoration of rights is made in accordance with the provisions of paragraph 2 of this article, a request fee for restoration of rights should also be paid.
The provisions of paragraphs 1 and 2 of this article shall not apply to Articles 24, 29, 42 and 4 of the Patent Law. The time limit specified in Article 68.
2. How long is the validity period of the patent right?
In principle, the validity period of the patent right is: invention patent right The term is twenty years; utility model patentThe term of the right and design patent right is ten years; both are calculated from the date of application. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
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