CNIPA Replies to Questions Regarding Restoration of Rights Related to Patents & IC Layout Designs Affected by COVID-19
Further to the issuance of the “Announcement on Matters Related to Time Limits for Patents, Trademarks, and Layout Designs of Integrated Circuits Affected by the Epidemic” ("Announcement No. 350”) on 28 January 2020, the China National Intellectual Property Administration (CNIPA) published on 3 February 2020 the replies to questions concerning restoration of rights for reasons related to COVID-19. The following are information about requesting for said restoration of rights related to patents and layout designs of integrated circuits at CNIPA.
According to the replies, for loss of the aforesaid rights, a request for restoration of rights may be made in writing, citing therein "force majeure" as the reason together with explanation of the specific situation, examples of which include the party's being isolated or infected, imposition of traffic control in the locality of the party or shutdown of premises.
No fees will be charged for filing the request, but supporting materials have to be submitted, which can be a certification issued or an announcement published by the government of the locality of the party, or a proof for the party’s isolation or infection because of the epidemic.
Other than the time limits prescribed in the Patent Law in Article 24 (relating to the grace period for maintaining novelty), Article 29 (for claiming right of priority), Article 42 (regarding the patent term), and Article 68 (for filing an infringement action), rights lost due to missing the time limit for reasons related to the epidemic are eligible for restoration of rights pursuant to the relevant provisions.
