Patents and Designs Act, 1911
Restoration of lapsed patent
16. (1) Where any patent has ceased owing to the failure of the patentee to pay any prescribed fee within the prescribed time, the patentee may apply to the Registrar in the prescribed manner for an order for the restoration of the patent.
(2) Every such application shall contain a statement of the circumstances which have led to the omission of the payment of the prescribed fee.
(3) If it appears from such statement that the omission was unintentional or unavoidable and that no undue delay has occurred in the making of the application, the Registrar shall advertise the application in the prescribed manner, and within such time as may be prescribed any person may give notice of opposition at the Department of Patents, Designs and Trade Marks.
(4) Where such notice is given the Registrar shall notify the applicant thereof.
(5) After the expiration of the prescribed period the Registrar shall hear the case and, subject to an appeal to the Government issue an order either restoring the patent subject to any conditions and restrictions deemed to be advisable or dismissing the application:
Provided that in every order under this section restoring a patent such provisions as may be prescribed shall be inserted for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased.
(2) Every such application shall contain a statement of the circumstances which have led to the omission of the payment of the prescribed fee.
(3) If it appears from such statement that the omission was unintentional or unavoidable and that no undue delay has occurred in the making of the application, the Registrar shall advertise the application in the prescribed manner, and within such time as may be prescribed any person may give notice of opposition at the Department of Patents, Designs and Trade Marks.
(4) Where such notice is given the Registrar shall notify the applicant thereof.
(5) After the expiration of the prescribed period the Registrar shall hear the case and, subject to an appeal to the Government issue an order either restoring the patent subject to any conditions and restrictions deemed to be advisable or dismissing the application:
Provided that in every order under this section restoring a patent such provisions as may be prescribed shall be inserted for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased.
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