Section 61 Indian Patents Act

Section 61 of the Indian Patents Act

Section 61 of the Indian Patents Act 1970 is about Procedure for disposal of applications for restoration of lapsed patents. It is under CHAPTER XI of the Act. CHAPTER XI is titled RESTORATION OF LAPSED PATENTS.

(1) If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application, he shall 1[publish the application] in the prescribed manner; and within the prescribed period any person interested may give notice to the Controller of opposition thereto on either or both of the following grounds, that is to say,–

(a) that the failure to pay the renewal fee was not unintentional; or

(b) that there has been undue delay in the making of the application.

(2)If notice of opposition is given within the period aforesaid, the Controller shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case.

(3) If no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the Controller is in favour of the applicant, the Controller shall, upon payment of any unpaid renewal fee and such additional fee as may be prescribed, restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent.

See also  Section 238 Indian Contract Act 1872 (Effect, on agreement, of misrepresentation or fraud by agent)

(4) The Controller may, if he thinks fit as a condition of restoring the patent, require that an entry shall be made in the register of any document or matter which, under the provisions of this Act, has to be entered in the register but which has not been so entered.


See also:

Section 60 Indian Patents Act 1970 (Applications for restoration of lapsed patents.)

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