China National Intellectual Property Administration, Announcement on Relevant Period Matters for Patents, Trademarks and Integrated Circuit Layout Designs Affected by the Epidemic

国家知识产权局关于专利、商标、集成电路布图设计受疫情影响相关期限事项的公告

March 06, 2020 | BY

Susan Mok

Extensions may be granted to IP applications due to coronavirus obstruction

Share:

Issued: January 28, 2020

Main contents: Where a party misses a deadline specified in the Patent Law or its Implementing Rules or a deadline designated by the China National Intellectual Property Administration due to a reason relating to the epidemic, resulting in the extinguishing of its rights, the first paragraph of Article 6 of the Implementing Rules for the Patent Law shall apply. The party may petition for resumption of its rights within two months from the date on which the obstruction is removed and no later than two years from the date on which the period expires. Where a petition for a resumption of rights is made, there shall be no need to pay a rights resumption request fee, but the submission of a written request for resumption of rights stating the reason shall be required, and the same shall be accompanied by the relevant supporting documentation. Additionally, the relevant procedure that ought to have been carried out prior to the lapsing of the rights shall be carried out (Article 1).

Where a party misses a deadline specified in the Trademark Law or its Implementing Regulations or a deadline designated by the China National Intellectual Property Administration