Industrial and Commercial Property (Protection) Act, 1927

Effect of failure to pay fees.

33.—(1) A patent shall, notwithstanding anything therein or in this Act, cease if and whenever the patentee fails to pay a prescribed fee in relation thereto within the prescribed time or, where that time is extended under this section, within such extension of that time.

(2) The controller may on the application at any time of the patentee under a British patent which by virtue of this Act is deemed to have been granted under this Act and without the payment of any additional fee extend for any period not exceeding six months from the commencement of this Part of this Act the prescribed time for the payment of the first fee which becomes payable under this Act in respect of such British patent.

(3) In any case not coming within the foregoing sub-section the controller shall on the application at any time of the patentee and payment by him of such additional fee as shall be prescribed extend for such period not exceeding three months as is so applied for the prescribed time for the payment of any prescribed fee in relation to any patent.

(4) If any proceeding is taken in respect of an infringement of the patent committed after a failure to pay any fee within the prescribed time, and before any enlargement thereof, the court before which the proceeding is taken may, if it thinks fit, refuse to award any damages in respect of such infringement.