2007 Rule 41

41. Notification of lapsed patent

Rule 40 | Index | Rule 41A

(1) This rule applies where

  • (a) a patent has ceased to have effect because a renewal fee has not been paid by the end of the renewal period; and
  • (b) the renewal fee and the prescribed additional fee have not been paid by the end of the period specified in section 25(4) ("the extended period").

(2) The comptroller must, before the end of the period of six weeks beginning immediately after the end of the extended period, send a notice to the proprietor of the patent-

  • (a) stating that the extended period has expired; and
  • (b) referring him to the provisions of section 28.

(3) The comptroller must send the notice to the address specified by rule 39(3).

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