Section 61 – Procedure for Disposal of Applications for Restoration of Lapsed Patents

  • After hearing, if the Controller is satisfied that the delay in payment of renewal fee was unintentional and if the application was made on time within the time period, the Controller shall publish the application and within that period anyone may give notice to the Controller on opposition based on one or both the reasons, if
    • the failure to pay the fee was intentional
    • the application for renewal was not made on-time
  • If the notice of opposition is placed within the period of 18 months, the Controller shall decide only after hearing from both the parties.
  • If no notice for opposition is filed and if the decision of the Controller is in favor of the applicant/s of the Patents; then the Controller may restore the patent and its patent of additions as applicable based on the payment of renewal fee and other additional fee as prescribed.

Leave comments

Your email is safe with us.