Chinese Patent Office Announces Japan Earthquake Relief Policy

With due consideration of the aftermath of the massive earthquake and the resulting tsunami that hit northeast of Japan on 11 March 2011, the State Intellectual Property Office of the PRC (SIPO) issued on 13 April 2011 a Circular offering preferential policies under relevant laws and regulations to help patent applicants, patentees and relevant parties severely afflicted by the disasters in handling patent affairs:

1. Where a party concerned fails to observe a time limit prescribed in the Patent Law or the Implementing Regulations of the Patent Law or that specified by SIPO because of earthquake, tsunarmi and any secondary disasters thereof, resulting in loss of his or its rights, Rule 6.1 of the Implementing Regulations of the Patent Law shall apply. The relevant party, may within two months from the date on which the impediment is removed, at the latest within two years immediately following the expiration of that time limit, request for the restoration of his or its rights. Where the party concerned requests to restore his or its rights, he or it shall submit a Request for Restoration, stating the reasons, attaching the relevant certifying documents, and go through the relevant formalities which should have been complied with before the loss of his or its right.
2. Where the party concerned fails to fulfill an act or complete a procedure within a specified time limit as a result of the above-mentioned disasters, Rule 6.4 of the Implementing Regulations of the Patent Law shall apply. Except for circumstances prescribed in the Implementing Regulations of the Patent Law, the party concerned may make a request for an extension of a specified time limit before the time limit expires. Where the party concerned makes a request for extension of time limit, he or it shall submit a Request for Extension of Time Limit and state the reasons for such request.