(1) This section applies if—
(a) the patent application is abandoned under section 33A, 59B, or 63 or is void under section 67 or 69; or
(b) in the case of a Treaty application, the Treaty application is void under section 48(1)(d) or (e).
(2) The applicant may make a request to the Commissioner in the prescribed manner for an order to restore the patent application and to extend the period for complying with the requirements imposed on the applicant by or under this Act or the Patent Cooperation Treaty (as the case may be) to a date that is specified in the order.
(3) Every request for an order must contain a statement that fully sets out the circumstances that led to the failure of the applicant to comply with the requirements imposed on the applicant by or under this Act within the time allowed by or under this Act or the Patent Cooperation Treaty (as the case may be).
(4) The Commissioner must publish the request in the journal if the Commissioner is satisfied that the failure of the applicant to comply with the requirements imposed on the applicant by or under this Act or the Patent Cooperation Treaty (as the case may be) within the time allowed by or under this Act was unintentional.
Compare: 1953 No 64 s 37(1), (2)