Patents Act, 1992

Continuation in force of applications.

35.—(1) A pending application shall lapse at the end of the period prescribed for the payment of any renewal fee if the fee is not paid within that period or within that period as extended under this section.

(2) The period prescribed for payment of any renewal fee shall be extended by such period, not being a period of more than six months, as may be specified in a request made in that behalf by the applicant to the Controller if the request is made and the prescribed additional fee paid before the expiration of the period of extension so specified.

(3) The provisions of section 37 shall apply to an application to which this section relates as if the references in that section to a patent and the proprietor of a patent were references to a patent application and the applicant for a patent, respectively.