Radha, a researcher in a pharmaceutical company has discovered a molecule that may have a significant effect in the treatment of melanoma, a type of skin cancer. Research was done in patent databases to verify if any pat

Under the Patents Act, 1970, a patent is granted for a term of 20 years from the date of filing of the application. To keep the patent in force, renewal fees must be paid annually from the third year onwards. If renewal fees are not paid, the patent ceases to be in force, or 'lapses'. Patent Renewal and Lapse: A patent remains in force only as long as the prescribed renewal fees are paid within the stipulated period. No renewal fee is payable for the first two years. Renewal fees are payable from the 3rd year onwards. If the renewal fee is not paid, the patent will cease. Restoration of Lapsed Patents (Sections 60 and 61 of the Patents Act, 1970): Where a patent has lapsed due to non-payment of renewal fees, the patentee may apply for its restoration. The procedure for restoration is laid down under Sections 60 and 61 of the Act and Rules 84 to 86 of the Patent Rules. A request for restoration of a patent can be filed within 18 months from the date on which the patent ceased to have effect (i.e., from the date of cessation due to non-payment of renewal fees). The application for restoration must be accompanied by the prescribed fee and a statement explaining the circumstances that led to the failure to pay the renewal fees. The Controller will consider the application and, if satisfied that the failure was unintentional and there was no undue delay in making the application, may order the restoration of the patent. There are certain limitations imposed on a restored patent, such as protection against infringement for acts done during the period between lapse and restoration. Analysis of Radha's Situation: In Radha's case, she discovered a molecule for which a patent was sealed in 1993. This patent has since expired due to non-payment of renewal fees. The crucial detail is the year of sealing (1993) and the fact that it has 'since expired'. Assuming the patent was granted in 1993, its 20-year term would have expired in 2013 (or earlier if the application date was much before 1993). More importantly, the patent 'expired due to non-payment of renewal fees'. For Radha to apply for the sealing of the patent in her name, the previous patent must be completely out of force and not subject to restoration by the original patentee. The patent of 1993 has expired due to non-renewal of fees. The period for restoration of that patent (18 months from the date of cessation) would have long expired. If a patent lapsed, for example, in 1996 (after 3 years of non-payment), the 18-month window for restoration would have closed by 1998. Given that the current scenario is much later than 1993, it is highly improbable that the original patentee can still apply for restoration. Conclusion: Yes, Radha can make an application for the sealing of a patent in her name under the Patents Act, 1970, for the discovered molecule. Reasons: The previous patent for the same chemical compound, sealed in 1993, has expired due to non-payment of renewal fees . The statutory period of 18 months for restoration of that lapsed patent by the original patentee would have long passed. Therefore, the original patent is no longer in force and cannot be revived by the previous owner. Once a patent has lapsed and the restoration period has expired, the subject matter of that patent effectively enters the public domain. This means it is no longer protected by the previous patent and can be freely used or patented by others, provided it meets the criteria of novelty, inventive step, and industrial applicability at the time of Radha's application. Radha's discovery of the molecule, even if it was previously patented, can now be patented in her name because the prior patent has ceased to exist and cannot be restored. She would need to file a fresh patent application, demonstrating that her discovery meets all patentability criteria as of her application date.