Form 15 — Application for Restoration of a Lapsed Patent
Form 15 asks the Controller to restore a patent that ceased because a renewal fee was not paid in time.
What Form 15 is for
A patent has to be renewed to stay alive. If a renewal fee is not paid by the due date, and not paid within the further six months that Section 53 allows on payment of the additional fee prescribed in the First Schedule, the patent ceases. Section 60 provides a second chance. The patentee, or their legal representative, may apply for restoration, and Form 15 is that application. Rule 84 sets out how it is made.
Restoration is not automatic and it is not a formality. The applicant must satisfy the Controller that the failure to pay was unintentional and that there has been no undue delay in making the application. That means giving a factual account of what happened: who was responsible for renewals, what went wrong, when the lapse was discovered and what was done then. A bare assertion that it was an oversight rarely carries a case.
If the Controller is satisfied that a prima facie case is made out, the application is advertised, and any person interested may oppose it. If restoration is ordered, the patent revives, but not as though nothing happened. The Act protects people who did things while the patent was ceased, so a competitor who began manufacturing in that period may be entitled to continue. Because the Rules change, download the current Form 15 from the Indian Patent Office and check Rule 84 as it now stands.
Who files it, and when
The patentee applies, or their legal representative where the patentee has died. Where a patent is held by more than one proprietor, the application may be made by one or more of them with the leave of the Controller where the others do not join. An authorised agent files it on the applicant's behalf. A licensee cannot apply in its own name, though a licensee's evidence about the circumstances of the lapse may be useful.
The application must be made within 18 months from the date on which the patent ceased to have effect. That is a firm outer limit and it runs from cessation, not from the date the patentee discovered the problem. Within that window, delay still matters, because the Controller must be satisfied there has been no undue delay in applying. An applicant who discovers the lapse in month three and applies in month seventeen will be asked why. The practical rule is to apply as soon as the position is understood.
How it is filed
- Establish the exact date the patent ceased, and confirm that the six-month extension window under Section 53 has closed.
- Reconstruct what happened: the renewal diary, the instructions given, the reminders received and the point at which the lapse was noticed.
- Prepare a statement of the facts and support it with evidence, since the Controller decides on material rather than assertion.
- Complete the current Form 15 and file it with the statement and evidence, within 18 months of cessation.
- Pay the fee prescribed in the First Schedule for the application.
- Respond to any requirement, and to any opposition filed after the application is advertised.
- Pay the unpaid renewal fees as the Controller directs if restoration is ordered, and reset the renewal diary.
What the form asks for
- The patent number, the name of the patentee and the date the patent ceased.
- A full statement of the circumstances that led to the failure to pay.
- Material showing that the failure was unintentional, such as records of the renewal system that failed.
- An explanation of when the lapse was discovered and what was done immediately afterwards.
- Evidence in support, in the form the Rules require for evidence before the Controller.
- Details of any assignment or change of address that contributed to the notices going astray.
Described in general terms. Form contents are prescribed in the Second Schedule and change — download the current version from the Patent Office rather than working from any summary, including this one.
Common mistakes with Form 15
- Applying after the 18-month period has run. This limit is fixed by the Act, and the general power to condone delay under the Rules does not enlarge a period the Act itself sets.
- Offering an explanation with no evidence. The Controller must be satisfied on material, and a one-line statement about oversight is not material.
- Sitting on the problem after discovering it, which undermines the requirement that there be no undue delay.
- Presenting facts that suggest a deliberate decision not to renew, such as internal records showing the patent was written off, and then calling the lapse unintentional.
- Assuming restoration wipes the slate clean, when third parties who acted in good faith while the patent was ceased may retain protection.
What happens if it goes wrong
If no application is made within 18 months of cessation, the patent is gone permanently and the invention falls into the public domain for the remainder of what would have been its term. That is one of the most complete losses in patent practice, and it usually comes from an administrative failure rather than a legal one. If an application is made but refused, the position is the same. If restoration is granted, the patent revives subject to the conditions the Controller imposes and subject to the rights of those who acted while it was ceased.
A change of address costs a Guwahati company its renewal notice
This is a simplified illustration. Brahmaputra Agritech Pvt Ltd of Guwahati holds a patent on a grain dryer airflow arrangement. The company moves offices and its agent retires, but the address for service on the register is never updated. A renewal falls due, the reminder goes to the old address, and the six-month extension window under Section 53 passes unnoticed. The patent ceases. Eleven months later, a distributor asks for the patent number and the lapse is discovered. The company acts within days. Its new agent files Form 15 with a statement setting out the office move, the retirement, the unchanged address for service and the date of discovery, supported by copies of the correspondence and the internal renewal records. Because the application is made within 18 months of cessation and the delay after discovery is short, the Controller has a coherent account to consider before deciding whether to advertise the application.
Simplified illustration only. Actual outcomes depend on the facts.
Questions about Form 15
How long do I have to apply for restoration?
The application must be made within 18 months from the date the patent ceased to have effect. The period runs from cessation, which is itself the point at which the six-month extension for paying the renewal fee under Section 53 has expired. Because this limit comes from the Act rather than from the Rules, it cannot be extended by the general power to condone delay. Within the 18 months, promptness still matters, since the Controller must be satisfied there has been no undue delay in applying.
What does unintentional mean in a restoration application?
It means the failure to pay was not a decision. Situations that read as unintentional include a renewal reminder that went to a superseded address, a docketing system that failed, an agent handover that lost the file, or an illness or bereavement at the critical moment. Situations that do not include a considered decision to let a patent go, later regretted because commercial circumstances changed. The Controller decides on evidence, so contemporaneous records of the system that failed are the most useful material to produce.
Can someone object to my restoration application?
Yes. Where the Controller is satisfied that a prima facie case for restoration is made out, the application is advertised, and any person interested may give notice of opposition. Opposition is typically brought by a competitor who acted in reliance on the patent having ceased. The opposition is heard and decided by the Controller, and the notice of opposition uses the separate form provided for oppositions to amendment, restoration, surrender and compulsory licence proceedings.
If my patent is restored, can I sue for what happened while it was lapsed?
Not freely. The Act protects a person who, in the period between cessation and the application for restoration, began in good faith to use the invention or made serious preparations to do so, and it allows the Controller to impose conditions when ordering restoration. The practical result is that a restored patent may be enforceable going forward but subject to a competitor's continuing right to do what it had already started. This is a general explanation; the position on any particular patent depends on its facts.
Has your Indian patent ceased for non-payment?
MYCrave Consultancy & Services explains how restoration is presented and what evidence the Controller expects.