In response to the COVID-19 outbreak, the CNIPA issued Announcement No. 350 concerning time limits for patents, trademarks, integrated circuit layout designs and related matters. It also explained the documents and procedures required to restore patent rights.

1. Complete the Request for Restoration of Rights. Select “force majeure” as the reason and explain the circumstances, such as infection, isolation, traffic restrictions or a local lockdown.

2. Prepare supporting evidence. In light of the outbreak, this may include certificates or announcements issued by the local government, or evidence that the party was infected or required to isolate.

If restoration is requested in several cases for the same reason, one copy of the supporting evidence may be submitted with one case. The other requests need only identify the application number of that case. If the evidence has already been filed with the CNIPA, its filing number may be stated in the restoration request.

3. Complete the relevant procedures. Submit the restoration request and supporting evidence, and complete the procedural steps that should have been taken before the loss of rights. No restoration fee is required.

Under Article 6 of the Implementing Regulations of the Patent Law, a party that loses rights after missing a time limit because of force majeure may request restoration within two months after the impediment is removed, and no later than two years after the missed deadline. The request must explain the reasons and include supporting evidence. The rule does not apply to the time limits in Article 24 (novelty grace period), Article 29 (priority), Article 42 (patent term) or Article 68 (limitation period for infringement proceedings).

Source: http://www.sipo.gov.cn/zcfg/zcjd/1145775.htm