No. 4907 Act No. 1, 2012 Government Gazette 23 March 2012 33 INDUSTRIAL PROPERTY ACT, 2012 (3) If an annual fee is not paid in accordance with the provisions of subsection (1) or before the expiration of six months referred to in subsection (2), the patent application is deemed to have been withdrawn or the patent lapses. Restoration 47. (1) Where a patent application or a patent has lapsed owing to the non-payment of any prescribed annual fee within the prescribed period or the grace period referred to in section 46, the owner of the application or the patent may in the prescribed manner and on payment of the prescribed fee, apply to the Registrar for the restoration of the application or the patent. (2) If the Registrar is satisfied that the omission was unintentional and that no undue delay has occurred in the making of the application, he or she must publish the application for restoration in the bulletin in the prescribed manner, and thereupon any person may within such period as prescribed, give notice in the prescribed manner of opposition to the restoration of the application or the patent. (3) If there is no opposition as provided for in subsection (2), or if there is opposition and the Registrar is satisfied that such opposition is without merit, he or she must restore the application or the patent. (4) Any such restoration of the application or the patent is subject to the payment of such annual fees as contemplated in section 46 as remain unpaid at the date of the restoration and any additional administrative charges incurred by the Registrar or penalty fees as may be prescribed. (5) If there is opposition as provided for in subsection (2) and the Registrar is satisfied that the opposition has merit, he or she must refuse to restore the application or the patent. (6) The owner of a patent restored in accordance with subsections (1) to (4) is not entitled, in terms of the provisions of section 41, to institute any proceedings against or recover damages from any person who exploited the patented invention after the lapse of a period of six months from the date on which the annual fee was due and before the date on which the request for restoration was advertised, or who commenced exploitation of the patented invention during the aforesaid period and thereafter continues to exploit the patented invention. (7) Where a patent application or a patent has been restored in accordance with subsections (1) to (4), any person who during the period referred to in subsection (6) expended any money, time or labour with a view to exploiting the patented invention and who is prevented from such exploitation by the restoration of the patent, may apply to the Tribunal for compensation to be paid by the owner of the patent in respect of the money, time and labour so expended. (8) If the owner fails to pay the compensation, if any, found to be payable by the Tribunal, the patent application or the patent lapses.