Section 61 – THE PATENTS ACT, 1970

(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 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.
(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.