Applications for restorations of lapsed patents
(1) Where a patent has ceased to have
effect by reason of failure to pay any renewal fee within the 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 eighteen months from the date on which the patent ceased to have
effect, make an application for the restoration of the patent.
(2) [Omitted by the Patents (Amendment) Act, 2002]
(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.
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