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One Patent of a reputed Company D in Steel Industry has ceased due to non-payment of renewal fee and D…

Under section 61(1) of the Patents Act, 1970, an application for restoration of a lapsed patent may be opposed only on the grounds "that the failure to pay the renewal fee…

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One Patent of a reputed Company D in Steel Industry has ceased due to non-payment of renewal fee and D has applied for restoration with prescribed fee as prescribed in Act & Rules with reasons thereof. Suddenly another Company of the same Industry opposes the request of restoration of D. Which of the following are appropriate grounds for the opposition?
I. That the Patented invention is not worked in the territory of India
II. That the failure to pay renewal fee was not unintentional
III. That the Patented invention is not available to the public in reasonable price
IV. That there has been undue delay in making the application

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Answer and explanation

Correct answer B

Under section 61(1) of the Patents Act, 1970, an application for restoration of a lapsed patent may be opposed only on the grounds "that the failure to pay the renewal fee was not unintentional" or "that there has been undue delay in the making of the application". Statements II and IV state these grounds.

Non-working in India and lack of a reasonably affordable price are grounds for a compulsory licence under section 84, not for opposing restoration.

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