What principles must be followed when requesting restoration of patent rights?

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What principles must be followed when requesting restoration of patent rights?

Patent It is undesirable for the applicant or the patentee to see the application being withdrawn or losing the acquired rights for some reason or causing the termination of certain rights. In order to provide the applicant, patentee or other interested parties with an opportunity to remedy the loss of rights due to force majeure or legitimate reasons, the procedure for requesting restoration of rights is specially stipulated.

Requests for rights restoration must comply with the following principles:

(1) If the party delays the time limit due to force majeure, resulting in the loss of rights, 2 months from the date when the obstacle is removed Within the period, but within 2 years from the date of expiration at the latest, one may explain the reasons to the Patent Administration Department of the State Council and attach relevant supporting documents to request the restoration of its rights;

(2) If the party delays the time limit due to legitimate 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, the patent administration department of the State Council can only 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 "Request for Restoration of Rights" and attach relevant certificates. There is also a restoration fee.

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