The China National Intellectual Property Administration (hereinafter referred to as CNIPA) issued the rights and interests of parties who have delayed the statutory or specified period of patent law, trademark law, and integrated circuit layout design protection regulations due to the impact of the COVID-19. The relevant remedies are as follows:
(1) Delay in the relevant term of the Patent Law
If the parties delay the period specified under the Patent Law and its implementation rules or the period specified by CNIPA due to the above epidemic situation, and thus lose their rights, the provisions of paragraph 1, Article 6 of the Implementation Rules of the Patent Law shall apply. The parties may request the restoration of rights within 2 months from the date of removal of the obstacle, and at the latest within 2 years from the expiration of the time limit, and there is no need to pay the restoration fee. However, a request letter must be issued to explain the reasons, and supporting documents must be attached to handle the relevant procedures.
(2) Delay in the relevant term of the Trademark Law
If the parties delay the deadline set by the Trademark Law and its implementation rules or the period specified by CNIPA due to the above epidemic situation, and therefore cannot handle the related trademark affairs normally, unless the law provides otherwise, the relevant period shall be suspended from the date of the obstacle to the exercise of the right, and to be continuously calculated on the day when the obstacle is removed. Due to the loss of trademark rights resulting from obstacles to the exercise of rights, the parties may file a written application within 2 months from the date of removal of the obstacles to exercise the rights to explain the reasons, and attach supporting documents to request the restoration of rights.
(3) Delay in the relevant period of the regulations on protection of integrated circuit layout design
If the parties delay the period specified in the Regulations for the Protection of Layout Designs of Integrated Circuits and its implementation rules or the period specified by CNIPA due to the epidemic situation, and thus lose their rights, the provisions of paragraph 1, Article 9 of the Regulations for the Protection of Layout Designs of Integrated Circuits shall apply. The parties may request the restoration of rights within 2 months from the date of removal of the obstacle, and at the latest within 2 years from the expiration of the time limit, and there is no need to pay the restoration fee. However, a request must be issued to explain the reasons, and supporting documents should be attached and relevant procedures must be completed.
Released by TIPO
