PA 28A – Effect of order for restoration of patent Flashcards
What does S28A concern
The effect of restoration of a Patent
What actions to the patent are valid for a restored patetn
S28A(2)
Anything done in relation to the patent during the period between expiry and restoration is valid
When is infringement before restoration still infringement
S28A(3)
Any infringement in that period shall be an infringement IF
a) it was done when renewal during the S25(4) six month grace period was still possible
b) it was a continuation or repetition of an earlier infringement
When is infringement before restoration not classified as infringement
S28A(4)
If, AFTER the grace period has expired and BEFORE the notice of application to restore was published, an otherwise infringing act or serious preparation to do so is begun IN GOOD FAITH by a third party, then they MAY CONTINUE TO DO THE ACT, although this is not a transferable licence per se.
Who is allowed to work an good faith infringement after restoration
S28A(5)
Persons allowed to work the invention under subsection (4) can also allow partners within their business to work it, BUT
(6) can ONLY assign or bequeath the right as PART OF the business itself
When are recipients of infringing products free from repercussions
S28A(6)
There are no repercussions from subsections (4) and (5) (good faith persons allowed to work the invention) on the recipient of a would-be infringing product
Does effect of order for restoration of a patent count for crown use
S28A(7)
YES
What does “continue” mean for good faith acts before restoration
it suggests significant expansion or divergence from the original act is NOT allowed
What should you do if you realise your patent has unintentionally lapsed
Request restoration ASAP to prevent accrual of third party rights