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
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