Time limit missed in China? Request for restoration at CNIPA

If you missed the time limits according to patents in China, there are two options for restoring the rights before the Chinese Patent and Trademark Office (CNIPA). The procedure in China is similar to the restoration of rights under EPC rules, however, without remedy as Further processing.

Time limit missed – restoration in Europe

Whoever misses the time limits for the rights in patent protection can request the restoration of rights according to international regulations. The request for restoration pursuant to Rule 136 EPC(European Patent Convention) must be filed within two months of the removal of the cause of non-compliance with the period, but at the latest within one year of expiry of the unobserved time limit.

In any case, the request for restoration must be well-founded, which means “all due care required by the circumstances” have been taken, see Article 122(1) EPC.

Chinese patent law also offers such restoration of rights after failure to comply with the time limits. However, it is particularly noted that there is no such remedy as Further processing (under Rule 135 EPC) before the CNIPA.

Before the Chinese Patent and Trademark Office (CNIPA), two possibilities can be used for Re-establishment of rights for the invention patent, utility models and designs (i.e., these rules do not apply to the Chinese trademarks).

Continue reading “Time limit missed in China? Request for restoration at CNIPA” »