Skip to content

CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

A patent lapsed on 1 March and was later restored. The application for restoration was published on 1 September. Rohan used the patented process commercially on 10 April, between those dates, without licence. Which statement best reflects the Patents Act?

No suit can be brought for Rohan's use on 10 April. Section 62(2) bars proceedings for infringement committed between the date the patent ceased to have effect and the date of publication of the restoration application. Rohan's use falls within that gap, so it is protected.

  1. ARohan's use on 10 April is a continuing infringement for which a suit can be filed
  2. BNo suit may be commenced for infringement committed between the lapse and the publication of the restoration applicationCorrect
  3. CInfringement liability arises only after the restored patent is renewed twice
  4. DThe patentee may sue, but only for damages and not an injunction

Explanation

Section 62(2) says no suit or proceeding shall be commenced or prosecuted for infringement committed between the date the patent ceased to have effect and the date of publication of the restoration application. Rohan's use on 10 April falls in that window. The other options add rules not in the section.

Did you get it right without looking?

One question tells you little. A timed set on Intellectual Property Rights shows your real accuracy, how long you take and where you lose marks.

Practise Intellectual Property RightsFree diagnostic mock

More Intellectual Property Rights questions