The document discusses the procedure for restoring a lapsed patent in India under Sections 60-62 of the Indian Patents Act of 1970. It outlines the key steps which include making a request for restoration within 18 months of the patent lapsing along with an explanation for the failure to pay fees, an opportunity for opponents to object, and a decision by the controller. If approved, the patent is restored upon payment of unpaid fees and additional fees, and may include conditions to protect other parties' interests. The rights of the original patentee are also discussed if restoration is granted.

1. Term #9
Lapsed Patent
u/s 60-62 of
Indian Patents Act 1970
Key Terms of Indian Patents Act
Ms Bindu Sharma, Founder & CEOSpeaker

2. Procedure of restoration of lapsed patent
Failure to
pay fee
Lapse of
patent
Request for
restoration
Restoration
&
Publication
Opposition
Decision

3. Illustration
• 24th June 2009The due date for payment of renewal fee
• Before 24th
December 2010
Deadline to restore the application:
(within 18 months from the date patent ceases to be in
force)
Application shall be accompanied by a statement explaining circumstances and the
reasons which led to the failure to pay the fee.
Controller may ask applicant to produce further evidence in support of the
circumstances or reasons provided by the applicant

4. Procedure for disposal of
applications for restoration of
lapsed patents - S. 61
• Controller shall be satisfied that failure to pay fee
was unintentional and there was no undue delay in
making the application.
• After hearing the applicant, if the Controller is
prima facie satisfied, he shall publish the
application.

5. Procedure for disposal of
applications for restoration of
lapsed patents - S. 61
Any person interested may give notice to the
Controller of opposition on the grounds that:
• That the failure to pay the renewal fee by the
applicant was not unintentional.
• There has been undue delay in the making of
the application.

6. Procedure for disposal of
applications for restoration of
lapsed patents - S. 61
• Controller shall give applicant and to the
opponent an opportunity to be heard before
he decides the case.
• If no notice of opposition is given, Controller
shall, upon payment of any unpaid renewal fee
and additional fee restore the lapsed patent

7. Rights of patentees of lapsed patents which have
been restored - S. 62
Restoration
Lapse
• Someone may commercialize or use the
patented invention assuming that
patent has ceased to be in force.
• In such a case, if anyone has started
commercializing the invention and then
applicant restores the application and
patent comes into force again, situation
is extremely sensitive.

8. Rights of patentees of lapsed
patents which have been restored
- S. 62
Every order for restoration should include the
provision and the Controller may impose other
conditions for protection and compensation of
the persons who have begun to use the
applicant's invention.

9. Rights of patentees of lapsed
patents which have been
restored - S. 62
• No suit or other proceeding shall be
commenced or prosecuted in respect
of an infringement of a patent
committed between the date on
which the patent ceased to have
effect and the date of the publication
of the application for restoration of
the patent.

10. Restoration of patents - R. 84
• Upon receiving the request for restoration
of patent, the Controller shall be satisfied
with the statement of the applicant that the
delay in payment of renewal fee was
unintentional.
• If the Controller is satisfied, he may restore
the patent and intimate the applicant.

11. Restoration of lapsed patent: Form/ Fee/ Time
Form
Form-15
Fee
Natural person/start up
2,400 INR
Small entity
6,000 INR
Others except small entity
12,000 INR
Time
18 months
from date of
lapse
10% additional fee respectively in case of filing by physical mode

12. Opposition to restoration under section 61 - R. 85
• After the application has been restored, and such
decision is published, any interested person may
oppose the decision.
• Controller shall send a copy of the notice of
opposition to the applicant.
The procedure specified in Rule-57 to 63 relating to the
filing of written statement, reply statement, leaving
evidence, hearing and costs shall apply to the hearing
of the opposition under section 60 as they apply to the
hearing in the opposition proceeding.

13. Payment of unpaid renewal
fees - R. 86
• If the Controller’s decision regarding restoration
of patent is in favor of the applicant, the
applicant shall pay the pending fee and restore
the patent.
• If the Controller decides in favor of the applicant,
the applicant shall pay the unpaid renewal fees
and the additional fee specified in the First
Schedule, within a month from the date of the
order of the Controller allowing the application
for restoration.
• The Controller shall publish his decision.

14. Question
For the restoration of lapsed patent, the payment
of pending renewal fee should be made within:
• 6 months from the date on which the patent
ceased to have effect
• 9 months from the date on which the patent
ceased to have effect
• 18 months from the date on which the patent
ceased to have effect.
• 24 months from the date on which the patent
ceased to have effect

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