Section 60 provides that wherever a patent has ceased to possess impact by reason of failure to pay any renewal fee within the amount prescribed under section 53 or within the period as could also be allowed under section 142(4), the patentee or his personal representative and wherever the patent was commanded by 2 or additional persons collectively, then with the leave of the Controller one or a lot of them will not join others, this could create an application for the restoration of the patent. Therefore, the Patents Act provides sure safeguards for restoring a lapsed patent.
Therefore, to stay the patent in effect for its prescribed term, the associate annual renewal fee is paid to the government agency. If a similar isn’t paid within the stipulated time, it lapses and becomes a material possession. The person so as to revive back the patent must submit the application for restoration within eighteen months from the date on that the patent ceased to possess impact.
DISPOSAL OF APPLICATIONS FOR RESTORATION OF LAPSED PATENT
Section 61 provides that if, once hearing the someone in cases wherever the someone therefore wishes or the Controller thinks work, the Controller is clearly happy that the failure to pay the renewal fee was unintentional which there has been no undue delay within the creating of the application, he shall publish the application in a prescribed manner, and inside the prescribed amount, someone interested could provide notice to the Controller of opposition to that on either or each of the subsequent grounds that
- The failure to pay the renewal fee wasn’t unintentional
- There has been undue delay within the creating of the application.
In case, If the notice of opposition is given within the prescribed amount of time, the Controller shall notify the applicant, and shall provide him a chance to detect before deciding the case. If no notice of opposition is given within the prescribed time or within the case of opposition, the choice of the Controller is in favor of the applicant, the Controller shall, upon payment of any unpaid renewal fee and such further fee is also prescribed, restore the patent and any patent of addition laid out in the application that has ceased to possess impact on the lesser of that patent. The Controller could if he thinks it is eligible for the condition of restoring the patent if it is necessary to create within the register of any document or matter that should be entered within the register, which is not been entered.
In case, if Controller satisfies with the piece of evidence of reasonable failure to pay the renewal fee and of undue delay within the creating of the application, the application in conjunction with the patent is going to be revealed within the official gazette as per Rule 84(3). Thus, restoration of a lapsed patent involves many prejudiced choices which will need to be taken by the Controller of patents. Therefore, patentee’s area unit will be counseled to be alert concerning patent renewal deadlines.
Please Feel Free To Contact us To Get Back Your Patent Rights