68. Restoration of patents- (1) An application for the restoration of a patent under section 60 shall be made in 12[ Form 15].

(2) Upon consideration of the application and the evidence adduced by the applicant, if any, if the Controller is satisfied that a prima facie case for the restoration of the patent has not been made out he shall intimate the applicant accordingly and unless within one month from the date of such intimation the applicant requests to be heard in the matter the Controller shall refuse the application.

(3) If the applicant requests for a hearing within the time allowed and the Controller after giving the applicant such a hearing, is prima facie satisfied that the failure to pay the renewal fees was unintentional, he shall advertise the application in the Official Gazette.

69. Opposition to restoration- (1) At any time within two months from the date of advertisement of the application in the Official Gazette under sub-rule (3) of rule 68, 12[any person interested] may give notice of opposition thereto in 12[Form 14 ] in duplicate.

(2) A copy of the notice of opposition shall be sent by the Controller to the applicant.

(3) The procedure specified in rules 36 to 45 relating to the filing of written statement , reply statement, leaving evidence and hearing shall, so far as may be, apply to the hearing of the opposition under section 60 as they apply to the hearing of the opposition to the g rant of patents.

70. Payment of unpaid renewal fees- (1) If the Controller decides in favour of the applicant, the applicant shall pay the unpaid renewal fees and the additional fee specified in the First Schedule, within a month from the date of the order of the Controller allowing the applicant for restoration.

(2) The Controller shall advertised in the Official Gazette his decision on the application.

ENDNOTE

1.Vide Not. No. S.O. 301(E), dated 20-04-1972, published in GOI(E), dated 20-04-1972, p.p 735-805.

2 Insertion by S.O. 2908 dated 31-07-1976, w.e.f 14-08-1976.

3 Substituted by S.O. 3598 dated 28-10-1977, for "in the English language", w.e.f. 26-11-1977

4 Substituted by S.O. 3598, dated 28-10-1977, w.e.f. 26-11-1977.

11 .Chapter II A inserted by S.O. 1029(E), dated 02-12-1998, w.e.f. 07-12-1998

12 Subs. by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

13 Inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

14 Sub-rule (4) to (5) inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

15 Clause (e) omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

16 Sub-rule (3) to (5) inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

17 Sub-rule (2) omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

18.Added by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

19 Sub-rule (5) omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

20 Rule 28 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

21 Chapter IIIA (section 33A to 33P) inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

22 Rule 38 to 39 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

23.Rule 64 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

24 Some words omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

25 Substituted by S.O. 411(E), dated 02-06-1999, for "Rs. 10000", w.e.f. 02-06-1999.

26 Omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

27 Original rule renumbered as sub-rule (1) by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

28 The First Schedule substituted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

29.The Second Schedule substituted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

30 Added by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

31 Rule 64 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

34 Sub-rule (1) of rule 71 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

36. Subs. by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.

37. The Fourth Schedule substituted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.