The Patents Act,1970
Section 62. Rights of patentees of lapsed patents which have been restored
(1) Where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the date of the 1[publication] of the application for restoration of the patent under this chapter.
(2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the date of 1[publication] of the application for restoration of the patent.
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1. Substituted for “advertisement” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.
