China National Intellectual Property Administration (CNIPA) has released Decree 350, which indicated what measures the applicants and their representatives could take incase their IP rights were influenced due to the COVID-19 outbreak. This Decree 350 is applicable to patents (including innovation, utility model, design), trademarks, and integrated circuit layout design.
The Decree 350 applies to parties in all countries and regions affected by the epidemic. Parties affected by the epidemic can go through relevant procedures in accordance with the requirements of Decree 350.
In general, if an applicant misses a deadline for reasons related to the epidemic, the applicant could apply for a reinstatement of its rights within 2 months as of the removal of the impediment. And the applicant does not need to pay the official fee of the reinstatement of its rights. Additionally, our firm would happy to assist our clients to request the reinstatement for free.
(including innovation, utility model,design)
If an applicant misses a deadline for reasons related to the epidemic, resulting in the loss of their rights, such applicant can invoke force majeure (Art. 6 of theImplementation Regulations under the Patent Law). The applicant can apply for a reinstatement of its rights within 2 months as of the removal of the impediment, or at the latest within 2 years as of the expiry of that time limit.
Art. 6 Where a party concerned has delayed past the time limit provided in the Patent Law or these Rules or that specified by the administrative department for patent under the State Council due to force majeure, thus resulting the loss of his/its rights, he/it may, within 2 months as of the removal of the impediment, or at the latest within 2 years as of the expiry of that time limit, request the administrative department for patent under the State Council to recover his/its rights by stating the reasons and affixing relevant supporting documents.
●Trademarks
According to Decree 350, if an applicant misses a deadline for reasons related to the epidemic, which prevents him from handling related trademark affairs normally, the deadline will be suspended from the date of the occurrence of the impediment. If the rights are lost, then The applicant can apply for a reinstatement of its rights within 2 months as of the removal of the impediment.
●Integrated circuit layout design
If an applicant misses a deadline for reasons related to the epidemic, resulting in the loss of their rights, such applicant can invoke force majeure (Art. 9 of the Implementation Regulations under the Protection of Layout-design of Integrated Circuits Law). The applicant can apply for a reinstatement of its rights within 2 months as of the removal of the impediment, or at the latest within 2 years as of the expiry of that time limit.
Tel：+86-10-62199070
路浩知识产权