If the CNIPA refuses a request for restoration of patent rights and the party disagrees with that decision, what remedies are available?
The party may request administrative reconsideration by the CNIPA or bring an administrative lawsuit before a court.
Under the Administrative Reconsideration Law, a citizen, legal person or other organization that considers a specific administrative act to infringe its lawful rights and interests may request administrative reconsideration within 60 days of becoming aware of that act.
Under the Administrative Litigation Law, a citizen, legal person or other organization bringing proceedings directly before a court must do so within six months of knowing, or when it should have known, that the administrative act had been taken.
