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THE PATENTS RULES, 2003
[As amended by the Patents (2nd Amendment) Rules, 2020]
CHAPTER 10 – RESTORATION OF PATENTS
84.Restoration of patents.—
(1) An application for the restoration of a patent under section 60 shall be made in Form 15.
(2)Where the Controller is satisfied that a prima facie case for the restoration of any patent has not been made out, he shall intimate the applicant accordingly and unless the applicant makes a request to be heard in the matter within one month from the date of such intimation, the Controller shall refuse the application.
(3)Where applicant requests for a hearing within the time allowed and the Controller, after giving the applicant such a hearing, is prima facie satisfied that the failure to pay the renewal fees was unintentional, he shall publish the application.
85.Opposition to restoration under section 61.—
(1) At any time, within two months from the date of publication of the application under sub-rule (3) of rule 84, any person interested may give notice of opposition thereto in Form 14.
(2)A copy of the notice of opposition shall be sent by the Controller to the applicant.
(3)The procedure specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under section 60 as they apply to the hearing in the opposition proceeding.
86.Payment of unpaid renewal fees.—
(1) Where the Controller decides in favour of the applicant, the applicant shall pay the unpaid renewal fees and the additional fee specified in the First Schedule, within a month from the date of the order of the Controller allowing the application for restoration.
(2)The Controller shall publish his decision.