Restoration

Restoration of a patent lapsed on account of non-payment of an annual fee is possible if the owner of the patent furnishes evidence that the non-payment was due to force majeure. Restoration is to be requested within 6 months from publication of the lapse of the patent rights in the Patent Bulletin. The fact that a restoration request has been filed will be published in the Bulletin, and third parties may file their comments within one month. The Patent Institute will decide upon the restoration. In case of restoration the owner of the patent must pay the unpaid fees as yet, together with a special fee. Restoration shall not affect third party rights acquired as a result of the lapse of the patent. Such third party rights and their scope shall be determined by the shall be determined by the Court.