In India, if a patent lapses because the renewal (annuity) fee was not paid within the due period (including any extension), the statute provides a “second chance” via restoration rather than final loss. That statutory mechanism is Section 60 of the Patents Act, 1970, implemented via Rule 84 of the Patents Rules, 2003, through Form 15. This article explains when and how to use Form 15, what the Controller considers, how opposition is handled, and strategic pointers for successful restoration.
Legal Basis: Section 60 & Rule 84
Section 60 of the Patents Act governs restoration of a lapsed patent. It states that when a patent has ceased to have effect (by non-payment of renewal fee under Section 53 or within permitted period under Section 142), the patentee (or legal representative) may apply for restoration, provided the application is made within eighteen months from the date of lapse. Also, for jointly owned patents, with leave of Controller one or more co-owners may apply without joining all.
Rule 84 under the Patents Rules implements Section 60, prescribing that the restoration “application under section 60 shall be made in Form 15,” and setting out the procedural steps including publication, opposition windows, evidence, and hearing.
Thus, Form 15 is the structured means by which a patentee petitions the Controller to reinstate a lapsed patent.
When & Who Can File Form 15
Eligibility & Time Limit
The patent must have lapsed (ceased to have effect) because of nonpayment of the renewal fee (after all permitted extensions).
The application must be filed within 18 months from the date on which the patent lapsed (i.e., ceased).
In some commentary, a discretionary one-month extension may be allowed under Rule 138, though that is not guaranteed and depends on Controller discretion.
If the 18-month window has passed, restoration is typically not allowed.
Who May File
The patentee or his legal representative is the person entitled to apply.
In cases of joint patentees, with leave of the Controller, one or more co-owners may file without joining all co-owners.
The applicant should also make sure the patent was not assigned in such a way that a different person now holds rights; a declaration is needed. (Form 15 includes a declaration on assignment)
Contents & Structure of Form 15 (What Must Be Included)
The official Form 15 (available from the IP India site) is the template for restoration applications.
Key fields and declarations in Form 15 include:
Name, address, nationality of the applicant.
Patent number and date of grant of the patent being restored.
A statement of the circumstances which led to failure in paying the renewal fee by the due date (i.e. the reasons, causes, justification for nonpayment).
Declaration that the applicant has not assigned the patent to another person (or if assigned, to provide details).
Verification / declaration that the statements are true to best knowledge, information and belief.
Date and place, signature of applicant or authorized representative.
If required, evidence / supporting papers (though the form itself focuses on statements; later Controller may call for additional proof).
In joint ownership cases: leave obtained from Controller (if needed).
When drafting, the statement of reasons should be clear, factual, and credible. Supporting evidence (letters, transactions, bank statements, correspondence) is often essential to persuade the Controller that the failure was unintentional (a statutory requirement) rather than deliberate neglect.
Procedure, Publication & Opposition
Filing & Initial Review
File Form 15 with the Controller along with the prescribed restoration fee and any unpaid renewal fees.
The Controller will examine the application; if satisfied prima facie that the applicant has made out a case (i.e. the nonpayment was unintentional, and within time), the Controller will order publication of the application for restoration.
Publication & Opposition Window
After publication (in the Official Journal or patent gazette), any interested person may file Form 14 (notice of opposition to restoration) within two months of the publication date.
The Controller must serve the opposition notice on the applicant, and the procedure set out in Rules 57–63 for opposition (written statement, evidence, hearing) applies mutatis mutandis to restoration opposition.
Decision & Final Steps
After hearing (or on the basis of filings) the Controller decides whether to allow or reject the restoration application, possibly imposing conditions.
If restoration is allowed, the applicant must pay all unpaid renewal (annuity) fees and restoration fees within the time frame specified (usually one month from order).
Once fees are paid, the patent is restored and its rights revived, typically from the date of restoration order.
However, section 62 protects third parties who began using the invention after lapse but before restoration: rights granted in that interval may not always be fully enforceable against them under conditions laid down by statute.
Key Considerations, Constraints & Practical Tips
“Unintentional” standard is strict: The Controller weighs whether the nonpayment was truly unintentional. Mere oversight or financial hardship may not suffice unless convincingly documented.
No undue delay: Even within the 18-month window, delay must be justified. Post-lapse conduct matters.
Support with documentary proof: Bank statements, emails, correspondence, logs, proof of interrupted business, etc., may help build a credible case.
Joint holders: If patent is jointly held, try to get prior leave from Controller or justify unilateral filing.
Opposition risk: A third party may oppose restoration. Be ready to defend in opposition with strong submissions.
Timeliness in fee payment: After order, pay all dues promptly, else restoration will fail.
Check assignment chain: If the patent was assigned, ensure you are the correct applicant or have rights.
Monitor timeline carefully: Missing the 18-month cut-off or neglecting to respond to Controller’s queries often means forfeiture of restoration.
Cost vs value: Evaluate whether restoring the patent is commercially justified, especially for older patents or where market dynamics have changed.
If you like, I can prepare an annotated sample Form 15 (pre-filled) with commentary or a restoration checklist to guide you step by step. Would you like me to share that next?
