Impact of COVID-19 on patent deadlines

The Chinese National Intellectual Property Administration (CNIPA) views COVID-19 as force majeure in Article 6 of the Implementation Rules of Patent Law. The CNIPA’s Notice No. 350 says that if a party misses a deadline due to COVID-19 related obstacles, the party can request restoration of their rights within two months after the day when the COVID-19 related obstacles are resolved. Such a request must be filed within two years from the deadline.