In force · As amended up to 2026-08
62. Rights of patentees of lapsed patents which have been restored . — (1) Where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the date of the[5] [publication] of the application for restoration of the patent under this Chapter.
1. Subs. by Act 15 of 2005, s. 43, for "prescribed period or within that period as extended under sub-section (3) of section 53" (w.e.f. 1-1-2005).
2. Subs. by Act 38 of 2002, s. 30, for "one year" (w.e.f. 20-5-2003).
3. Sub-section (2) omitted by s. 30, ibid . (w.e.f. 20-5-2003).
4. Subs. by Act 15 of 2005, s. 44, for "advertise the application" (w.e.f. 1-1-2005).
5. Subs. by s. 45, ibid ., for "advertisement" (w.e.f. 1-1-2005).
(2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the[1] [date of publication] of the application for restoration of the patent.
Source: India Code