CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents
Sundaram Labs' patent lapsed for non-payment of the renewal fee. The Controller is prima facie satisfied that the failure was unintentional and that there was no undue delay in applying for restoration. What is the next step?
The Controller must publish the restoration application in the prescribed manner. Interested persons may then oppose within the prescribed period on the grounds of intentional non-payment or undue delay. Restoration follows only if there is no opposition or the decision favours the applicant, on payment of fees.
- ARestore the patent immediately without any notice to others
- BPublish the application in the prescribed manner, allowing interested persons to oppose within the prescribed periodCorrect
- CRefer the matter to the Central Government for a declaration
- DRefuse restoration because the renewal fee was unpaid
Explanation
If prima facie satisfied on both points, the Controller publishes the application in the prescribed manner, and any interested person may give notice of opposition within the prescribed period on the grounds that the failure was not unintentional or that there was undue delay. Restoration occurs only after no opposition, or a decision for the applicant, and payment of unpaid fees and additional fee.
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