Can a patent be restored after renewal payments are missed?

Death of Her Majesty Queen Elizabeth II

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Death of Her Majesty Queen Elizabeth II

The staff at Franks & Co were saddened to learn of the death of Her Majesty Queen Elizabeth II. Our thoughts are with His Majesty King Charles III and the rest of the Royal Family.

The United Kingdom is now officially in a period of mourning until after the Queen’s state funeral which is to be held on Monday 19 September. Normal day-to-day business will continue throughout this period.

The UK government has declared the day of the funeral to be a national Bank Holiday, so the United Kingdom Intellectual Property Office will be closed on Monday 19 September.

The United Kingdom Intellectual Property Office’s official guidance on bank holidays is given below:

The office is deemed to be closed on weekends, Good Friday, Christmas Day and all England and Wales bank holidays for all types of business, except for the filing of new applications not claiming priority. If documents are filed for these types of business at times when the office is deemed to be closed, they will receive an official filing date of the next working day.

Any official time period which expires on a weekend or any other day on which the office is closed is extended to the next working day.

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To maintain UK patents after grant, payment of an annual renewal fee to the patent office is required. If these payments are missed, then the rights embodied in the patent are lost.

United Kingdom Intellectual Property Office

Where a patent has ceased to have effect due to non-payment of an annual renewal fee, restoration can be applied for under section 28 of the UK Patents Acts.

For more information about how a patent can be restored once it has lapsed, please download our white paper using the link below, or contact us to speak with one of our Chartered and European patent attorneys.