Question:
If the CNIPA refuses a request for restoration of patent rights and the party disagrees with that decision, what remedies are available?
Answer:
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.