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Restoration where translation not filed under section 119(6).
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30.— The Principal Act is amended by inserting the following section after section 119:
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“Restoration where translation not filed under section 119(6).
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119A.— (1) Where a translation of the specification concerned is not filed within the period prescribed under section 119(6), an application may be made to the Controller to restore the effect of section 119(1).
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(2) An application under this section shall contain a statement (to be verified in the manner that may be prescribed) setting out the circumstances which led to the failure to file the translation referred to in subsection (1), and the Controller may require from the applicant any further evidence that he considers necessary.
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(3) An application under this section shall be accompanied by the translation together with the prescribed fee.
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(4) An application under this section shall be made within the prescribed period and shall be accompanied by the prescribed application fee.
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(5) Where the Controller is satisfied that reasonable care was taken to ensure that the translation was filed within the period prescribed under section 119(6), the Controller shall advertise the application in the Journal, and within the prescribed period any person may give notice to the Controller of opposition thereto.
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(6) Where notice of opposition is duly given under this section, the Controller shall notify the applicant and determine the issue.
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(7) Where the Controller decides to allow an application under this section, he shall make a restoration order and publish notice of the restoration in the Journal.
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(8) Where, in the period between the expiration of the prescribed period under section 119(6) for filing a translation and the date on which the application under this section was published in the Journal, a person—
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(a) began in good faith to do an act which would have constituted an infringement of the rights conferred by the patent had it been in force, or
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(b) made, in good faith, effective and serious preparations to do such an act,
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subsections (8A) to (8D) shall apply.
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(8A) The person referred to in subsection (8) shall have the right to continue to do the act concerned or, as the case may be, to do that act, notwithstanding the restoration of the effect of section 119(1).
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(8B) Subsection (8A) does not extend to granting a licence to any person to do an act referred to in subsection (8).
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(8C) If the act referred to in subsection (8) was done, or the preparations were made to do it, in the course of a business, the person entitled to the right conferred by subsection (8A) may—
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(a) authorise that act to be done by any partner of that person for the time being in that business, and
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(b) assign the right, or transmit that right on death (or in the case of a body corporate on its dissolution), to any person who acquires that part of the business in the course of which the act was done or preparations had been made to do it.
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(8D) Where a product is disposed of by any person to another person in exercise of a right conferred by subsection (8A) or (8C) that other person and any person claiming through that other person shall be entitled to deal with the product in the same way as if it had been disposed of by the registered proprietor of the patent.
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(9) Where the Controller refuses an application under this section, the patent shall be treated as always having been void.
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(10) Where a restoration order is made by the Controller, a translation filed under subsection (3) shall be published.”.
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