CNIPA Announcement on Issues Concerning Deadline of Patents, Trademarks and Integrated Circuit Layout Designs Affected by Epidemic Situation

Decree No.350 

In order to implement the decisions and deployment of the Party Central Committee and the State Council to prevent and control pneumonia caused by the novel coronavirus infection, and to effectively safeguard the legitimate rights and interests of parties affected by the epidemic in handling patent, trademark, integrated circuit layout designs and other matters, according to the relevant provisions of laws and regulations such as the Emergency Response Law, the Patent Law and its Implementing Rules, the Trademark Law and its Implementing Rules, the Integrated Circuit Layout Design Protection Regulations and its Implementing Rules, the issues concerning deadlines for handling patent, trademark, integrated circuit layout designs and other matters are hereby announced as follows: 

1. Where a party misses the time limit stipulated in the Patent Law and its Implementing Rules or the time limit specified by the National Intellectual Property Administration (CNIPA) due to the epidemic and related reasons, resulting in the loss of his rights, the provisions of Paragraph 1 of Article 6 of the Implementing Rules of the Patent Law shall apply. The parties concerned may request the restoration of their rights within 2 months from the date of removal of the obstacle and at the latest within 2 years from the date of expiration of the time limit. Those who request the restoration of their rights need not pay the fee for the restoration of their rights, but they need to submit a request for restoration of their rights, explain the reasons, provide the relevant supporting materials, and go through the relevant formalities before the loss of their rights. 

2. Where a party misses the time limit stipulated in the Trademark Law and its Implementing Rules or the time limit specified by the CNIPA due to the epidemic and related reasons,, resulting in being unable to handle trademark matters, the relevant time limit shall be suspended from the date when the obstacles to the exercise of rights arise, and shall continue to be counted until the obstacles to the exercise of rights are removed, unless otherwise provided by law; If his trademark rights are lost due to obstacles to the exercise of his rights, he may apply in writing within 2 months from the date of elimination of the obstacles to the exercise of his rights, explain the reasons, provide the corresponding supporting materials, and request the restoration of his rights. 

3. Where a party misses the time limit stipulated in the Regulations on the Protection of Layout Designs of Integrated Circuits and its Implementing Rules or the time limit specified by the CNIPA due to the epidemic and related reasons, resulting in the loss of his rights, the provisions of Paragraph 1 of Article 9 of the Implementation Rules of the Regulations on the Protection of Layout Designs of Integrated Circuits shall apply. The parties concerned may request the restoration of their rights within 2 months from the date of removal of the obstacle and at the latest within 2 years from the date of expiration of the time limit. Those who request the restoration of their rights need not pay the fee for the restoration of their rights, but they need to submit a request for restoration of their rights, explain the reasons, provide the relevant supporting materials, and go through the relevant formalities before the loss of their rights. 

4. For patents, trademarks, integrated circuit layout designs and other matters, where the time limits fall in the 2020 Spring Festival holiday, it will be extended to the first working day after the end of the holiday according to the arrangements for the Spring Festival holiday by the General Office of the State Council.

It is hereby notified the above.

National Intellectual Property Administration of China 

January 28th, 2020