(1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the 1[period prescribed under section 53 or within such period as may be allowed under sub-section (4) of section 142], the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within 2[eighteen months] from the date on which the patent ceased to have effect, make an application for the restoration of the patent.

3* * * * *

(3) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.

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Footnote -

1. Subs. by Act 15 of 2005, s. 43, for "prescribed period or within that period as extended under sub-section (3) of section 53" (w.e.f. 1-1-2005).

2. Subs. by Act 38 of 2002, s. 30, for "one year" (w.e.f. 20-5-2003).

3. Sub-section (2) omitted by s. 30, ibid. (w.e.f. 20-5-2003).