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?

Within 18 Months from Date of Cessation, the Restoration Petition (U/S 60 (1)) can be Filed, giving cogent reason as to why the Patent should be Restored. If in case no Opposition, and if the reasons so given are just enough viz. the act was unintentional and that there has been no undue delay in making of the Application, then it would be restored, by the paying unpaid fee + any additional fee as prescribed.

© Pranav Chaturvedi

No comments:

Post a Comment

Is 18 Months Necessary For The Publication? This Creates A Grey Area In The Anticipation Itself! And Why The Concept Of Provisional Application Should Be Abolished & Replaced With The Existing Patent Of Addition After Complete Specification!

  I covered this topic long back. I’m covering this again with a caveat! Let’s say between the period of provisional and complete, someo...