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Can a patent be restored if it has expired due to non- payment of renewal fee? - Obhan & Associates

Can a patent be restored if it has expired due to non- payment of renewal fee?

Date: January 4, 2017
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Can a patent be restored if it has expired due to non- payment of renewal fee?

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In case a patent expires due to non-payment of renewal fee, the patentee may file a request for restoration of the patent. The request for restoration must be filed within 18 months of expiry of the patent. Also, the patentee will be required to demonstrate that the failure in payment of renewal fee was unintentional and the request for restoration has been filed without any undue delay. The Controller, if satisfied, may allow the request for restoration. Also, the Controller may impose certain conditions on the restored patent in order to safeguard the interest of those who would have started working the invention owing to the lapse of the patent.

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Can a patent be restored if it has expired due to non- payment of renewal fee?

Can a patent be restored if it has expired due to non- payment of renewal fee?

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