What happens if I do not respond within the deadline when applying for a patent?
Click： Time：2020-07-30 17:52:55
If a patent application fails to respond within the time limit, it will of course become invalid; however, there is no need to be discouraged. The invalidation can be remedied soon, and if the invalidation is too long, it will be irreparable. Generally, patents have procedures for restoration of rights. After the expiration, the Patent Office will issue a "Deemed Withdrawal Notice". Two months after the issuance of the document is the restoration period. Once the Patent Office’s notification is invalid, it can be restored within two months at a public expense of 1,000 yuan. That is to say, a request for patent restoration shall be filed within two months from the date of receipt of the disciplinary decision by the Patent Office, and a fee for the restoration of the right shall be paid at the same time: 1,000 yuan. Of course, if you exceed this time, you cannot recover.
According to Article 6 of the Implementing Rules of the “Patent Law”: if the parties delay the time limit specified in the Patent Law or these Rules or the time limit specified by the Patent Administration Department of the State Council due to irresistible reasons, and cause the loss of rights, they may remove the obstacle from the date Within two months from the date of expiration, and no later than two years from the date of expiration, apply to the Patent Administration Department of the State Council for the restoration of rights.
In addition to the circumstances specified in the preceding paragraph, if a party delays the time limit specified in the Patent Law, these Rules or the time limit prescribed by the Patent Administration Department of the State Council for losing its rights due to other legitimate reasons, it may start from the date of receipt of the notice from the Patent Administration Department of the State Council. Within two months, apply to the Patent Administration Department of the State Council to restore their rights.
Where a party requests the restoration of rights in accordance with the provisions of the first or second paragraph of Article 6 of the Patent Law, a request for restoration of rights shall be submitted and the reasons shall be stated in detail, and relevant supporting documents shall be attached if necessary, and the procedures shall be handled before the loss of rights. Corresponding procedures; if a request is made for the restoration of rights in accordance with the second paragraph of Article 6, a fee for the restoration of rights shall also be paid. If the above description is too esoteric, you can also consult us for a clear understanding to answer your questions.
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