September 12, 2026

Section 61 – Patents Act, 1970

61. Procedure for disposal of applications for restoration of lapsed patents

(1) If, after hearing the applicant where desired or thought fit, the Controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and there has been no undue delay, he shall publish the application in the prescribed manner; any interested person may, within the prescribed period, oppose on the ground that the failure was not unintentional, or that there has been undue delay.

(2) If notice of opposition is given, the Controller shall notify the applicant and give both parties an opportunity to be heard before deciding the case.

(3) If no opposition is given, or the Controller decides in the applicant’s favour, the Controller shall, on payment of any unpaid renewal fee and prescribed additional fee, restore the patent and any patent of addition that had ceased to have effect on the main patent’s cesser.

(4) The Controller may, as a condition of restoration, require entry in the register of any document or matter which under this Act must be entered but has not been.