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My patent lapsed. Can it be restored?
Two windows, and the arithmetic that decides which one you are in.
Restoration is possible, and it must be applied for within eighteen months.
The application must contain a verified statement fully setting out the circumstances of the failure to pay, and the Controller must be satisfied the failure was unintentional.
- Work out the exact cessation date first - the eighteen months runs from there.
- Prepare an honest account of what happened. An unconvincing statement is worse than a candid one.
- Be aware that third parties who began working the invention during the lapse may keep protections even if restoration succeeds.
- Deal with the cause: address for service, docketing owner, handover process.
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This is educational guidance, not personalised legal advice. It cannot see your documents, your dates or the prior art, and those are usually what decide the answer. Use it to understand the question, then take advice on your own facts.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.