What are the requirements for requesting rights restoration
Need to comply with the following regulations:
(1) If the party delays the time limit due to force majeure, 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 party may explain to the patent administration department of the State Council reasons and attach relevant supporting documents, requesting restoration of their rights;
(2) If the party delays the time limit due to justifiable reasons, resulting in the loss of rights, the party may explain the reasons to the patent administration department of the State Council and request the restoration of its rights within 2 months from the date of receipt of the notice from the patent administration department of the State Council;
(3) If the maintenance fee or annual fee is not paid on time, only Can request the patent administration department of the State Council to restore its rights on the grounds of force majeure.
To handle rights restoration procedures, you must submit a "Rights Restoration Request" and attach relevant certificates. You must also pay a restoration fee.
"Patent Law Implementing Rules" Article 6 If a party delays the time limit stipulated in the Patent Law or these Rules or the time limit specified by the Patent Administration Department of the State Council due to force majeure, resulting in the loss of its rights, the party shall be entitled to a delay within 2 months from the date when the obstacle is eliminated, and at the latest from the expiration of the time limit. Within 2 years from the date of filing, you may request the patent administration department of the State Council to restore your rights.
Except for the circumstances specified in the preceding paragraph, if a party delays the time limit stipulated in the Patent Law or these Rules or the time limit specified by the Patent Administration Department of the State Council due to other legitimate reasons, resulting in the loss of its rights, it may be reported to the Patent Administration Department of the State Council. Request to the Patent Administration Department of the State Council for restoration of rights within 2 months from the date of notification.
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, attach relevant supporting documents when necessary, and handle the corresponding procedures that should be handled before the loss of rights. Procedures; if you request restoration of rights in accordance with the provisions of paragraph 2 of this article, you must also pay a request fee for restoration of rights.
If the party requests an extension of the time limit designated by the patent administration department of the State Council, it shall explain the reasons to the patent administration department of the State Council and go through relevant procedures before the expiration of the time limit.
The provisions of paragraphs 1 and 2 of this article shall not apply to Patent Law 24 The time limit specified in Article 29, Article 42 and Article 68.
If you have any questions, the Legal Savior Network also provides Lawyer online consultation service, you are welcome to have legal consultation.
