Commonwealth Numbered Acts

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PATENTS ACT 1990 No. 83, 1990 - SECT 150

Restoration of lapsed application
150. (1) Where an application has lapsed under section 148, the applicant may,
in writing, ask the Commissioner to restore it.

(2) On receiving a request, the Commissioner must restore the application if
satisfied that:

   (a)  the relevant direction of the Director is no longer in force; and

   (b)  there is no other reason not to do so.

(3) Where the Commissioner restores an application, the Commissioner must
publish a notice to that effect in the Official Journal.

(4) Where an application is restored under this section, such provisions as
are prescribed have effect for the protection or compensation of persons who
exploited (or took definite steps by contract or otherwise to exploit) the
relevant invention after the lapse of the application and before the day on
which its restoration was notified in the Official Journal.

(5) Proceedings cannot be started under section 57 in respect of anything done
during the period from and including the day on which the application lapsed
to and including the day on which its restoration was notified in the Official
Journal. 


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