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Restoration of patent meaning

Published by a LexisNexis IP expert
What does Restoration of patent mean?
Restoration of patent describes the statutory process for reviving a patent that has ceased for non-payment of a renewal (maintenance/annuity) fee, by applying to the relevant patent office to restore the right. In the UK (England & Wales, Scotland and Northern Ireland) it is governed by the Patents Act 1977: an application must be made to the UK Intellectual Property Office within a prescribed period (currently 13 months after expiry of the late-payment period) and must satisfy the Comptroller that the failure to pay was unintentional. In Ireland, the Patents Act 1992 provides a comparable restoration route, with its own statutory window and evidential requirements. If restored, the patent is treated as if it had not lapsed, but infringement cannot be alleged for acts done during the period of cessation; and statutory third-party rights protect users who began use or serious preparations in that period. Used where renewals were missed through error, administrative failure or financial difficulty, restoration is significant in portfolio management, contentious matters and transactions. In practice, strict deadlines, fee payments and detailed evidence are required, and any restored right remains subject to accrued third-party continuation rights.
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