PART VI - APPLICATION, PROCEDURE FOR GRANT AND DURATION
Section 35A. Reinstatement of a lapsed patent.
(1) Within two years from the date on which a notice of the lapsing of a patent is published in the Gazette -
(a) the owner of the patent or his successor in title; or
(b) any other person who would, if the patent had not lapsed, have been entitled to the patent,
may apply to the Registrar in the prescribed form to have the patent reinstated.
(2) The Registrar may reinstate a patent on an application made under subsection (1) -
(a) upon payment of all annual fees due and of a prescribed surcharge for reinstatement; and
(b) upon being satisfied that the non-payment of annual fees was due to accident, mistake or other unforeseeable circumstances.
(3) Where the Registrar reinstates a lapsed patent, he shall cause notice of the reinstatement to be published in the Gazette.
(4) The reinstatement of a lapsed patent shall not prejudice the rights acquired by third parties after it is notified in the Gazette that the patent has lapsed and before it is notified in the Gazette that the patent has been reinstated.
(5) The Minister may make regulations to provide for the protection or compensation of persons who have exploited or taken definite steps, by contract or otherwise, to exploit a patent after it is notified in the Gazette that the patent has lapsed and before it is notified in the Gazette that the patent has been reinstated, but any such protection shall not extend beyond such exploitation of the lapsed patent as such persons have availed themselves of or have taken definite steps to avail themselves of.
(6) No proceedings shall be taken in respect of an infringement of a patent committed after it is notified in the Gazette that the patent has lapsed and before it is notified in the Gazette that the patent has been reinstated.