IPR-Procedure for Restoration of Patents

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IPR- PROCEDURE FOR RESTORATION OF PATENTS


INTRODUCTION


Inventions, literary and artistic works, designs, and symbols, names, and pictures used in business are all examples of intellectual property (IP).Patents, copyright, and trademarks, areexamples oflegal protections that allow people to profit financially or gain recognition from what they invent or create.The IP system strives to establish an environment where creativity and innovation can flourish by finding the correct balance between theinnovators' interests and the larger public interest.

What is a Patent?


An invention is protected by a patent, which is an exclusive right awarded to the inventor. In general, a patent gives the patent owner the right to decide how - or whether - others can use his or her creation. The patent owner gives up this privilege in exchange for making technical information about the invention publicly available in the published patent document.


Restoration of lapsed patents in India:


In India, a patent is awarded for a duration of 20 years, and a patent renewal fee or annuity must be paid every year following the end of the second year until the end of the patent's term to maintain the patent's custody and validity.If a firm or individual fails to pay the fees, the patent may expire, cease to exist, and pass into the public domain. The subject matter covered by the patent is no longer protected once the patent expires. Anyone can utilise the subject matter without fear of causing infringement. If the patent has expired, the owner of the patent or the patentee's representatives can file an application for restoration of the patent.The renewal costs for a granted patent must be lodged within three months of the patent's entry in the patent register, and if they are not paid within that period, an application for an extension must be filed, together with the specified penalty fees also called as Patent Renewal Late Fee. The maximum amount of time you can delay paying your renewal costs is six months. The issued patent, however, ceases to have effect if the renewal fees are not paid within/till the maximum extendable time (i.e., 3 months + 6 months upon application for extensions which equals to 9 months).The patentee (legal owner of the patent) has eighteen months from the date on which the patent ceases to have effect to file an application for the restoration of the patent, upon which the patent rights are restored (i.e., patent if legally enforceable again). A one-month extension can also be requested under rule 138 of the Patent Rules, which is a controller's discretionary power.The patentee must submit a petition to the Indian Patent Office (IPO) controller for restoration of the patent; however, the patentee must provide a cause and sufficient evidence for the delay in payment of renewal costs. If the Controller is satisfied with the cause and evidence that the failure to pay renewal fees was inadvertent, the application and patent will be published in the official gazette in accordance with Rule 84(3) of the Act, and the patent rights will be reinstated.

CASE


In 2009, a Controller of Indian Patents renewed a patent number. 186320 owned by National Research Development Corporation (NRDC), a Government of India Enterprise. The patent expired on September 18, 2006, however the application for renewal was filed on February 2, 2009, which was 29 months after the patent had expired. After reading the patentee's arguments, the controller determined that the reasons for the delay were inadvertent and, after recording appropriate justifications, granted the patent renewal.


CONCLUSION


Having stated that, the restoration of patents entails a number of judgments that the Controller must make after reviewing the documentation supplied by the patentee. It is the patentee's responsibility to be aware of the deadlines and to file for an extension or renewal as soon as they become aware of the problem, however in some cases, an unintentional delay can be considered. Despite the fact that the legislation sets a deadline for seeking an extension, a controller can prolong an extension if he is certain that the reason for the delay was unintentional.