(1) Where an application for a standard patent is deemed withdrawn under section 33 by reason only of the failure to pay any maintenance fee under that section within the period specified then the applicant may, within 12 months after the date on which the application was deemed withdrawn and on payment of the prescribed fee, apply to the Registrar in the prescribed manner for the restoration of the application for a standard patent.
(2) The Registrar shall advertise in the official journal notice of any application under subsection (1). (Amended 2 of 2001 s. 14)
(3) If on an application under subsection (1)-
(a) the Registrar is satisfied that the failure to pay the maintenance fee within the specified period, or that fee and any additional fee under section 33(4) within 6 months after the end of the specified period, occurred in spite of the applicant having taken all reasonable care required by the circumstances; and
(b) the requirements of subsection (4) are met,
the Registrar shall order that the request to record be restored on payment of any such unpaid maintenance fee and additional fee.
(4) An order for restoration shall not be made under subsection (3) unless it appears to the Registrar that at the date of the application for restoration-
(a) the designated patent application is still valid and not withdrawn; and
(b) a patent has not been granted in pursuance of that application or, if granted, the time for filing a request for registration and grant under section 23 has not expired.