Applications for restoration of lapsed patents
Section 60 of the Patents Act, 1970 deals with applications for restoration of lapsed patents. Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the [period prescribed under section 53 or within such period as may be allowed under sub-section (4) of section 142], the patentee or his legal representative, and where the patent was held by two or more pe The Act came into force on 01 Apr 1978.
(1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the 1[period prescribed under section 53 or within such period as may be allowed under sub-section (4) of section 142], the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within 2[eighteen months] from the date on which the patent ceased to have effect, make an application for the restoration of the patent.
3* * * * *
(3) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.
Section 60, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Questions about Section 60
What does Section 60 of the Patents Act deal with?
Section 60 of the Patents Act is headed "Applications for restoration of lapsed patents". Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the [period prescribed under section 53 or within such period as may be allowed under sub-section (4) of section 142], the patentee or his legal representative, and where the patent was held by two or more pe
How do I find court cases under Section 60 of the Patents Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 60, section 60 Patents Act, section 60 of the Patents Act. People searching for it also type patents act s 60. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 60 of the Patents Act, and has it changed?
Its own text turns on section 53 (Term of patent), section 142 (Fees), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 60 of the Patents Act come into force?
Section 60 of the Patents Act, cited as Patents Act 60, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.