The patent of Mr. X ceased due to non-payment of renewal fees. His rival Mr. Y comes to know that Mr. X…
Section 61(1) allows a person interested to oppose an application for restoration on two grounds only: "that the failure to pay the renewal fee was not unintentional", or…
Choose your answer
The patent of Mr. X ceased due to non-payment of renewal fees. His rival Mr. Y comes to know that Mr. X has applied for restoration. On which of the following grounds can Mr. Y oppose the application for restoration?
I. The price of the patented product is exorbitant
II. Failure to pay renewal fee is not unintentional
III. The claimed invention is non-patentable under section 3
IV. There has been undue delay in the making of the application for restoration
Answer and explanation
Correct answer B
Section 61(1) allows a person interested to oppose an application for restoration on two grounds only: "that the failure to pay the renewal fee was not unintentional", or "that there has been undue delay in the making of the application". A high price and non-patentability under section 3 are not grounds in restoration proceedings; they belong to compulsory licensing and revocation.
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