Section 60 of (ACT NO. 39 OF 1970) in hindi
- (1)Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the 1[period prescribed under section 53 or within such
period as may be allowed under sub-section (4) of section 142], 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
2[eighteen months] from the date on which the patent ceased to have effect, make an application for the restoration of the patent.
- * * * *
- (3)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.
Summary
(1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the 1[period prescribed under section 53 or within such period as may be allowed under sub-section (4) of section 142], the patentee or his legal representative, and where the patent was held by two or.
Practical examples
FAQ
1. How much time does a patentee have to apply for the restoration of a lapsed patent under Section 60 of the Patents Act, 1970?
Under Section 60 of the Patents Act, 1970, the patentee must apply for restoration within eighteen months from the date on which the patent ceased to have effect.
2. Who can apply for the restoration of a lapsed patent under Section 60 of the Patents Act, 1970 if the original patentee has passed away?
Under Section 60 of the Patents Act, 1970, if the patentee is deceased, their legal representative is authorized to make the application for restoration.
3. What must an application for restoration contain under Section 60 of the Patents Act, 1970?
Under Section 60 of the Patents Act, 1970, the application must contain a statement, verified in the prescribed manner, fully setting out the circumstances that led to the failure to pay the prescribed renewal fee.
4. Can one joint owner of a lapsed patent apply for restoration under Section 60 of the Patents Act, 1970 if the other joint owner refuses to join?
Yes. Under Section 60 of the Patents Act, 1970, one or more joint owners can apply for restoration without joining the others, provided they obtain the leave of the Controller.
Test yourself
Q1.Under Section 60 of the Patents Act, 1970, what is the maximum period allowed for filing an application to restore a patent that lapsed due to failure to pay renewal fees?
Q2.Under Section 60 of the Patents Act, 1970, who has the authority to allow one joint patentee to apply for the restoration of a lapsed patent without joining the other joint patentees?
Q3.Under Section 60 of the Patents Act, 1970, what must be included in the statement accompanying the application for restoration of a lapsed patent?
Q4.Under Section 60 and Section 61 of the Patents Act, 1970, once an application for restoration of a lapsed patent is filed, what must the Controller be satisfied of before publishing the application for potential opposition?