Obligation or Duties of Patent holder

Obligation or Duties of Patent holder

1. The 1 st obligation is that the patent holder must work the patent.

2. The next obligation is to pay the renewal fees every year as per the due dates.

3. The 3 ^rd obligation is to report to the controller the progress regarding the working of the patent.

Renewal fees need not be paid for a period during which the patent is kept as a secret as per the direction of the controller of patents. If the patent holder fails to pay the renewal fees with in the due date as extension of 6 months is possible. If the renewal fee is not paid even within the extended period, the potent ceases from the date on which the renewal fees was due.

The consequences of failure to pay the renewal fees:

The patent ceases or lapses. An application for restoration can be filed within 1 year from the date when it lapsed with sufficient reasons for non-payment of renewal fees.

1. The restoration can be allowed by the controller of patent subject to certain conditions.

2. The second consequence is that the patent holder is not entitled to any infringement relief

between the date of lapsing of the patent and the publication of restoration in the gazette.

3. The third consequence the patent holder will not be entitled to claim any damages on account of profit between the time of lapsing and the date on which extension is granted by the controller. Lapsed and abandoned patents cannot be re-patented.