Thursday, October 6, 2022

Restoration of Patents

 

Let’s say, you were granted a Patent. Then the intimation letter would’ve clearly instructed you to pay the annuity renewal fee U/S 142 (4), also read with U/S 53, payable w.r.t. 3rd year onwards from the Date of Patent i.e. (filing date) before expiration of second year from the date of patent; and furthermore within 3 months (or not later than the extended period of 9 months) from the date of recordal of Patent in the Register. Albeit, the said fees is supposed to be filed within that duration; but somehow the renewal fees wasn’t deposited, & the Patent ceased to exist. So what’s the remedy?

What Should Prevail In The Age Of WWW? Global Prior Use, OR, Territorial Rights! Well That Depends!

  Can Doctrine of Territoriality be Misused? Albeit should not! But time down the line it has been proven that such misuse of Doctrine of...