Can you restore a lapsed patent in India?

If you wish to restore a lapsed patent in India, you can do so ONLY under certain circumstances. A patent lapses primarily for 1 reason, failure of annual fee payment.

That is, in case the failure to pay the annual fee was unintentional, patent holders can file a request for restoration of a patent within 18 months of the lapse date. The failure to pay MUST be unintentional and you must produce proof as well to support your case. However, this is subject to the payment of an additional fee.

Ideally, it is advisable that you make your payments on time to avoid the lapse. But, in an unavoidable situation, you can restore a lapsed patent in India.

Related FAQs:

How can I challenge a granted patent in India?

Can I request an extension of the patent term in India?

Where can I search Patent information in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents - Patent information in India

A Quick Guide to Patents

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