In order to implement the decision and deployment of the Party Central Committee and the State Council to prevent and control the novel coronavirus pneumonia epidemic, and to facilitate the parties to go through the procedures related to the restoration of rights, the State Intellectual Property Office issued Announcement No. 350. After the announcement was released, it attracted great attention from applicants, patentees, agencies and other parties. The parties raised some questions, and here are the answers to the questions related to patents and integrated circuit layout designs as follows.

1. How should I go through the procedures for restoring rights related to Announcement No. 1, 350?

（1）. Fill in the request for restoration of rights

　　 For the restoration of patent-related rights, the "reason for force majeure" should be checked in the "Reasons for requesting restoration of rights" item, and the reasons should be stated;

　　 For the restoration of rights related to the layout design of integrated circuits, the "reasons for requesting restoration of rights and proofs" should be stated in the "reasons for force majeure" and the reasons should be stated.

　　The reason can be that the person concerned is isolated, infected, local traffic control, or the place is closed, etc.

（2）. Prepare the corresponding supporting materials

（3）. Go through relevant procedures

        Submit a request for restoration of rights and certification materials, and go through the corresponding procedures that should be completed before the loss of rights, without paying a request for restoration of rights.

2. What kind of supporting materials should be submitted?

Based on the special circumstances of this epidemic, the proof materials can be certificates issued by the local government of the person concerned, announcements issued, etc., or proof that the person concerned has been isolated due to the epidemic or contracted with new coronavirus pneumonia.

In order to alleviate the burden of the parties affected by the epidemic, if you submit a request for restoration of rights for multiple applications with the same reason, you can submit only one certification material and submit it with one of the cases. Other cases only need to be included in the request for restoration of rights State the application number of the case in which the certification materials are located. If the certification materials have been filed with the State Intellectual Property Office, the filing number of the certification materials may only be written in the request for restoration of rights.

3. What types of rights can be requested for restoration?

According to Article 6 of the Implementing Regulations of the Patent Law, with the exception of Article 24 of the Patent Law (period of grace period without loss of novelty), Article 29 (period of priority) and Article 42 (period of protection of patent rights) ). In addition to the time limit specified in Article 68 (Time limit for infringement litigation), if the party concerned loses his rights due to the delay of the relevant time limit, he may request the restoration of his rights as required.

4. The time for resuming work varies from place to place, so how to deal with the delayed deadline?

In view of the special circumstances of this epidemic, the resumption date issued by the local government of the party concerned is later than the deadline for the 2020 Spring Festival holiday arrangement of the State Council. The rights are lost due to the expiration of the relevant rights period. If the party requests the restoration of rights, it can submit within the prescribed time limit. A request for restoration of rights, stating the reasons, and going through the corresponding procedures that should be completed before the loss of rights, without having to pay a request for restoration of rights. In order to reduce the burden on the parties, the parties do not need to submit supporting materials if the local government publicly releases the notice of delayed resumption of work.