Notice of China National Intellectual Property Administration

Notice of China National Intellectual Property Administration on the Applicable Scope of Remedies for the Term of Patent and Trademark and Integrated Circuit Layout Design during the Period of the Novel Coronavirus.

On March 27 2020 CNIPA extended also to foreign countries affected by the Coronavirus the possibility to ask suspension of the terms or the restitutio in integrum in reference to trademarks, patent and integrated circuits. It is definitely a goods news for foreign IP owners. Operational details shall be yet understood and clarified later. 

Due to the impact of the new coronavirus epidemic, in order to effectively protect the legitimate rights and interests of the parties to the patent, trademark, and integrated circuit layout design, China National Intellectual Property Administration of China Mainland issued Announcement No. 350 on January 28, 2020, clarifying that the relief procedure for which the parties delayed to proceed with patents, trademarks, integrated circuit layout design due to the impact of the epidemic. This announcement also applies to all countries and regions affected by the epidemic. Any parties affected by the epidemic can go through the procedure in accordance with the requirements of Announcement No. 350.

Announcement about the Period Limit of Patents, Trademarks, and Integrated Circuit Layout Designs affected by the Epidemic (No. 350)

In order to implement the decision-making and deployment of the CPC Central Committee and the State Council to prevent and control the epidemic of new coronavirus, and effectively safeguard the legitimate rights and interests of parties affected by the epidemic in handling patents, trademarks, and integrated circuit layout design, according to the Emergency Response Law of the People's Republic of China and the Patent Law and its relevant implementing regulations, Trademark Law and its implementing regulations, Regulations on the Protection of Layout-designs of Integrated Circuits and its implementing regulations, etc., the relevant deadlines for handling patent, trademark, and integrated circuit layout design and other matters are hereby announced as follows:

1. If a party misses the deadline stipulated in the Patent Law and its implementing rules or the time limit appointed by the National Intellectual Property Administration due to epidemic, resulting in the loss of his or her rights, it shall apply Article 6, Section 1 of Rules for the Implementation of the Patent Law.

   He or she may within two months from the date on which the impediment is removed, at the latest within two years immediately following the expiration of that time limit, request to restore his or her rights.

   A party who requests to restore his or her rights shall submit the request form for restoration of rights, state the reasons, attach relevant supporting documents where necessary, without the fee for requesting restoration of rights, and go through the corresponding procedures that should have been undergone before his/her patent rights are lost. 

2. If a party misses the deadline stipulated in the Trademark Law and its implementing regulations or the time limit appointed by the National Intellectual Property Administration due to epidemic, preventing him or her from handling related trademark affairs normally, the relevant time limit will be suspended from the date when the obstacle arises, and will continue to be counted on the day when the obstacle is eliminated, except as otherwise stipulated by law; if the trademark right is lost due to the obstacle to the exercise of rights, a party will submit a written application, along with the reason and relevant supporting documents, and request the restoration of rights, within 2 months from the date on which the obstacle to the exercise of rights is removed. 

3. If a party misses the deadline stipulated in Regulations on the Protection of Layout-designs of Integrated Circuits and its implementing rules or the time limit appointed by the National Intellectual Property Administration due to epidemic, resulting in the loss of his or her rights, it shall apply Article 9, Section 1 of Implementing Rules of the Regulations on the Protection the Lay-out Designs for Integrate Circuits.

   He or she may within two months from the date on which the impediment is removed, at the latest within two years immediately following the expiration of that time limit, request to restore his or her rights.

   A party who requests to restore his or her rights shall submit the request form for restoration of rights, state the reasons, attach relevant supporting documents where necessary, without the fee for requesting restoration of rights, and go through the corresponding procedures that should have been undergone before his/her exclusive rights of layout-designs of integrated circuits are lost. 

4. The expiration date of various deadlines for handling patents, trademarks, layout design of integrated circuits, etc., are during the Spring Festival holiday in 2020, the expiration date 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 .

This Announcement is here by given.

January 28, 2020

HFG Law&Intellectual Property