Restoration of lapsed patents

Renewal of patents

Patents must be renewed annually from the third year after the date of filing by the payment of renewal fees. A grace period of six months is allowed for payment at an additional cost, but thereafter the patent lapses.

Restoration

A lapsed patent can be restored under certain circumstances. These are:

• that the omission to pay the renewal fee was unintentional; and
• that no undue delay has occurred in making the application for restoration of the patent.

Application for restoration is made to the registrar. The application is accompanied by an affidavit by the patentee explaining how and why the renewal fee was not paid.

The registrar formally examines the application documents and if he finds that a prima facie case has been made out, he advertises the restoration application in the Patent Journal. For a period of two months thereafter any interested person may oppose the application for restoration. In the absence of opposition, the registrar, on payment of the outstanding renewal fees, issues an order restoring the patent to the register, but in so doing protects third party rights in terms of section 48 of the Act.

For further information, please click here to download our pamphlet on Restoration of Lapsed Patents.

The costs involved in a restoration depend upon the amount of work involved, on whether or not it will be necessary to attend any hearings before the registrar, and on whether or not the application for restoration is opposed. An approximate quotation can be furnished on request.