Wednesday, 23 April 2014

RESTORATION OF LAPSED PATENTS

Sections 60 - 62 make provision as regards restoration of patents which have been lapsed.

Application for restoration of lapsed patents (s. 60). Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the prescribed time, then an application may be made to the Controller within one year for the restoration of the patent.

Procedure for disposal of applications for restoration of lapsed patents (s. 61). If the Controller is satisfied that the failure to pay the renewal fee was unintentional he shall advertise the application. Any person interested may oppose the restoration. The Controller shall give to both the applicant and the opponent an opportunity of being heard before he decides the application.

Rights of Patentees of lapsed patents which have been restored (s. 62). When a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed.

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