If your patent has ceased because you did not pay your renewal fee in time, you can apply to restore it.
If you did not pay your renewal fee in time or within the 6 months grace period for late payment, you can apply to restore it.
You can apply to have your patent restored within 19 months of the date the patent ceased – this is the date on which the renewal fee you did not pay was due. You apply under the terms of Section 28 of the Patents Act 1977 and Rule 40 of the Patents Rules 2007. You should consider applying as soon as possible in order to minimise the risk that a third party will gain the right to use the invention.
Send us your application
Please send your filled in form 16 and your fee of £135 to:
Intellectual Property Office
You also need to send us evidence to support your application.
You must give the reasons for failing to pay your renewal fee. You have to satisfy us that your failure to renew the patent was unintentional.
Any material filed may be open to public inspection, including on our website.
What happens next?
We will publish your application for restoration in the Patents and Designs Journal and record it on the Patents Register.
If we are satisfied that your failure to renew your patent was unintentional, we will offer you the opportunity to restore your patent. However, you will need to pay the outstanding renewal fees and accept any third party terms that may apply.
If we are not satisfied that your patent should be restored, you may request a hearing with a senior official.
We will publish the outcome in the Patents and Designs Journal and record it on the Patents Register.
Telephone: 01633 814617