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Patent restoration/renewal
Posted by Anonymous . updated on 11/23/2009
can I restore a patent that has lapsed for failure to pay a renewal fee?
Answers (1)
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Sanaa T...
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For the restoration of applications or patents lapsed for non-payment of
maintenance or renewal fees a request for restoration is filed within the earlier of the
following time limits:
3 months after the date when the next maintenance or renewal fee would normally
have been due but for the lapse, or the date of final expiry of the term of the patent;
or
3 months after express knowledge upon formal individual notification of the lapse by
the Patent Office.
If the restoration of patent applications lapsed for failure to comply with a time limit
requiring payment of a fee other than a maintenance fee or requiring some action by
the applicant, a request for restoration is filed within the shorter of
- a term of two months after express knowledge of the lapse, and
- a term of one year after the lapse.
How to apply?
The forum for application for restoration shall be the Patent Office, with a right of
appeal.
Submitting a maintenance or renewal fee relating to a right subsequent to lapse of
that right may be treated by the Patent Office as initiating an application for
restoration of that right, provided that the submittal of the fee was within the above
time limits.
Official fees may be imposed.
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