Cap. 417 Art. 46Rerstitutio in intergrum.

(1) The applicant for or proprietor of a patent who, notwithstanding having taken all due care required by the circumstances, was unable to observe a time limit set by the Comptroller shall, upon his request, have his rights re-established if the non-observance in question has the direct consequence of causing the refusal of the patent application, or the refusal of a request, or the lapse of the patent, or the loss of any other right or means of redress.

(2) The request shall be filed in writing within two months from the removal of the cause of non-compliance with the time limit or within the year immediately following the expiry of the unobserved time limit, whichever is the earlier, after the omitted Act has been completed. In the case of non-payment of a maintenance fee, the period specified in article 26(3) shall be deducted from the period of one year.

(3) The request shall state the grounds on which it is based, and shall set out the facts on which it relies. It shall not be deemed to have been filed until after the prescribed fee for the re-establishment of the rights in question has been paid.

(4) This article shall not apply to the time limits referred to in subarticle (2) of this article and in article 22.

(5) The decision to re-establish any rights under subarticle (1) shall be recorded in the patent register.

(6) Any person who in good faith has used or made effective and serious preparations for using an invention which is the subject of a published patent application or a patent in the course of the period between the loss of rights referred to in subarticle (1) and the publication of the decision to re-establish such rights, may without payment continue such use in the course of his business or for the needs thereof.