Restoration of a Patent

A patent can be defined as an exclusive right granted to an inventor or the assignee by the sovereign state or the intergovernmental organization for a limited period of time. This right is granted to the inventor for exchanging the detailed public disclosure of an invention.

The main aim of the patent system is to advance the state of technology. Patent Law is one of the branch of intellectual property which also includes trademark and copyright law.

Patent Application

Only an inventor of the invention may apply for a patent registration. If two or more people participate in the creation of an invention, the law requires that all participants may apply for a patent as a joint inventor.

A patent can be restored in the name of the inventor only for a period of 20 years from the date of filing of the application. As per the Indian Patent Act, the patentee is required to pay a particular amount of fee till the date of possession of a particular patent. The patentee has to pay a renewal or maintenance on a timely basis and in case such fees are not paid the patent will lapse.

Renewal Fee

Renewal fees are paid on yearly basis. Renewal fees for the second year shall be paid at the end of the first year and fees for the third year shall be paid at the end of the second year and so on. It simply means that renewal fees are to be paid before the starting of the year and this can be extended maximum up to 6 months. After the patent has been granted the renewal fees have to be paid within 3 months and not later than 9 months from the date of expiry of 2 years from the date of filing of the application.

Restoration of Lapsed Patents

The Indian Patent Act provides the remedy for those patent that has been lapsed. For restoration of patent, the patentee or his legal representative has to submit an application for restoring the patent. And in case 2 or more people are holding the patent jointly then any one of them can file the application for patent restoration.

Note: Application fees are to be paid by the patent holder but the application fees can be paid either by the holder or the legal representative.

The possibility of the restoration of lapsed patent

Upon submission of all the documents, the restoration of the lapsed patent cannot be assured. Upon submission of the documents, the controller shall examine all the information provided by the patent holder for the restoration of the patent. If the controller is convinced that the non-payment was unintentional and there has been no undue delay in making the application then the patent will be restored.

In case the controller refuses to restore the lapsed patent the same shall be communicated to the applicant. And before rejecting the application the applicant should get the opportunity of being heard.