Indian Patent Recovery Program

2019-04-30 Legal No comment

A patent is a technical legal document that the government/state grants exclusive rights to the patentee for a limited period of time. The patent right has the right to prevent others from making, using, selling or distributing patented inventions without the permission of the patent holder during the validity period of the patent.

In general, most countries have the right to have patentees make, use, sell or distribute patented inventions within 20 years from the date of submission. However, all rights are granted from the date of grant. The patent holder may enjoy all rights from the date of grant to the completion period [ie 20 years from the date of initial submission].

The patent holder must pay the renewal/maintenance fee until the government owns it, otherwise the patent will be inactive. If the patent holder fails to pay the renewal/maintenance fee within the time specified by the PTO, the patent will lapse.

A patent that has expired due to failure to pay renewal/maintenance fees may be recovered by the following procedure within 18 months from the date of expiration.

The main requirements for restoring patents:

1. According to Article 60 of the Indian Patent Law of 1970, the patentee or his legal representative shall file an application for restoration of the invalidation patent.

2. Form – 15, prescribed fee

One. Application fee of 6,000 [legal entity; update fee structure reference PTO website]

Evidence of failure to support renewal/maintenance fees is unintentional.

There is no additional charge for reinstatement of the patent, but the patent holder/patent holder must submit each form for each patent application and the parent patent recovery application.

After submitting all the documents, the regulator will review the information provided by the patent holder to recover the patent. If the controller meets the failure to pay the renewal fee is unintentional and there is no undue delay in the application, the application will be published in the official gazette, otherwise the controller will be rejected.

Any interested person can send a notice of opposition to the controller by submitting the required application form 14 within two months from the date of publication, and the fee is 6,000 [for legal entities; please refer to the PTO website for the cost of the update] structure].

The grounds for objection [under section 61[1]] are:

I. Unpaid renewal fees are not unintentional; or / and

II. There was an undue delay in the production process of the application.

If no objection notice is filed, the controller will reinstate the patent after paying the unpaid renewal fee and the specified additional fee.

If any interested person files a notice of objection, the Treasurer will send a copy of the notice and the other party's statement to the applicant. Before he decides the case, the administrator gives the two parties a chance to hear. In addition, they are dissatisfied with the outcome and the patentee or the other party may appeal any decision of the Treasurer made by the Appeal Board within three months of the decision [in accordance with Article 60].

If the decision is in favor of the applicant, he shall pay the unpaid renewal fee and the prescribed additional fee within one month from the date of the restoration of the patent order. The Treasurer will publish this information in official journals.

The patentee may not sue or prosecute a person who has begun to use the applicant's invention before the date of expiration of the patent and the date of the publication of the application for restoration.

Once the patent is invalid, it may be restored within 18 months from the date of expiration because the renewal/maintenance fee has not been paid, otherwise the patent will be terminated. Once the PTO terminates the patent, it cannot be recovered under any circumstances.

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