A patent is conceded for a term of twenty years from the date of documenting of the patent. As indicated by segment 53 of the Indian Patent act, patentee needs to pay recharging expense till the date of ownership given by the patent office. On the off chance that restoration/support charge not paid by the patent holder inside the recommended time given by the PTO, the patent will be slipped by.
The Patents Act provides certain safeguards for restoring a lapsed patent. Accordingly, a patent that is ceased to have an effect because of failure to pay the prescribed fees within the prescribed period under Section 53 of the Act or within such period, allowed under Section 142 of the Act.The patentee of his legal representative may make an application in the prescribed manner for the restoration of the lapsed patent. In the case where the patent was held by two or more persons jointly then with the leave of the Controller one or more of them without joining others may submit the application for restoration within eighteen months from the date on which the patent is ceased to have an effect. Though the renewal fees can be paid by any person, the application for the restoration of a lapsed patent, the application has to be made by the patentee or his legal representative.
If the patentee fails to pay the renewal fee within the prescribed period and also within the extendable period of six months by requesting an extension of time, the patent ceases to have effect or lapses from the date of expiration. Patent lapsed, due to non-payment of renewal/maintenance fee can be restored within eighteen months from the date of lapse. Within one year of an application for restoration of a patent that lapsed should be made. If an overdue annuity is not paid within the extension period, the one year period for seeking restoration commences from the date of record.
1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the prescribed period or within that period as extended under sub-section (3) of section 53, the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within eighteen months from the date on which the patent ceased to have effect, make an application for the restoration of the patent.
(2) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.
Renewal fee specified in the first schedule is payable before the expiration of the second year from the date of the patent in respect of the third year. Thereafter, renewal fee should be paid before the commencement of every succeeding year. However, this period is extendable by six months by requesting an extension of time. During pendency of the application of patent or where the patent has been granted after the expiry of two years from the date of filling, the renewal fee has to be paid within three months of the date of recordal in register of patents or within the extended period not later than nine months from the date of recording.
THE ESSENTIAL REQUIREMENTS TO RESTORE A PATENT:
1. Under Section 60 of the Patents Act 1970, an application for restoration of a lapsed patent should be made by the patentee or his legal representative.
2. Prescribed fee on Form 15
3. Proof to support that failure of the renewal/ maintenance was unintentional.
Although there is no additional fee for Patent of addition, the patent holder or the patentee has to submit each form individually for each additional patent with that of the parent restoration application.
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