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GLOSSARY

Restoration of patent definition

Published by a LexisNexis IP expert

What does Restoration of patent mean?

A patent is lapsed where the renewal fees have not been paid. It is possible to restore a patent after it has lapsed provided the application to restore is made in time.

An application for restoration is only necessary if the grace period of six month has expired. Any third party who has used the invention whilst the patent was lapsed has the ability to continue to use it following restoration.

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Patent term, renewal and restoration

This Practice Note explains how long a patent lasts, how it must be maintained by renewal in order to last that long and how to restore a patent that has lapsed or will soon lapse.Obtaining a patent in the UKThere are two types of patents available in the UK:•UK national patents—these are granted by the UK Patent Office under the Patents Act 1977 (PA 1977)•UK designations of European patents (EP(UK) patents)—European patents are granted by the European Patent Office (EPO) under the European Patent Convention (EPC) but must be validated in the UK in order to have effect (be valid) thereFollowing Brexit, the UK remains part of the European patent system and can continue to be designated in European patent applications because the EPO and the EPC (the international treaty which establishes the procedure for the granting of European patents by the EPO) are both independent of the EU. The UK has simply become another non-EU country which is a contracting state to the EPC, joining Norway, Switzerland and Turkey.A...

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