Provisions on Restoration of Patent-Related Rights Following the Pneumonia Epidemic Caused by the Novel Coronavirus in China

Newsletter (March 2020) │ IP Practice

The outbreak of pneumonia caused by the novel coronavirus has severely affected various sectors in China. In the field of intellectual property, the restoration of patent related rights lost due to novel coronavirus-induced pneumonia is a problem that is attracting attention.

The China National Intellectual Property Administration (CNIPA) made an announcement entitled “Explanation on the relevant deadlines for patents, trademarks, and layout designs of integrated circuits during the period of epidemic of pneumonia caused by the novel coronavirus” (i.e., Bureau Announcement 350) on January 28th, 2020, an announcement entitled “Response to specific issues related to the procedure for restoration of rights related to the epidemic of pneumonia caused by the novel coronavirus” on February 3rd, 2020, an announcement on “Further explanation on the relevant deadlines for patents, trademarks, and layout designs of integrated circuits during the period of the pneumonia epidemic caused by the novel coronavirus” on February 21st, 2020, and an announcement entitled “Explanation on matters related to the payment of delinquency for patent pensions during the pneumonia epidemic caused by the novel coronavirus” on March 4th, 2020. This series of announcements explains the provisions, procedures and payments necessary to restore patent-related rights.

This article summarizes the restoration of patent-related rights that have been lost due to the pneumonia epidemic caused by the novel coronavirus. In the future, depending on the status of the infection, the government may issue further related policies and regulations, so it is necessary to obtain such information promptly in order to avoid adverse effects on your company. We recommend that you always instruct local agents in advance if you would like them to take steps to maintain the continuity of rights, thus avoiding their loss.