Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where an application has lapsed under section 148, the applicant may, in writing, ask the Commissioner to restore it.
(2) On receiving a request, the Commissioner must restore the application if satisfied, on the balance of probabilities, that:
(a) the relevant direction of the Director is no longer in force; and
(b) there is no other reason not to do so.
(3) Where the Commissioner restores an application, the Commissioner must publish a notice to that effect in the Official Journal .
(4) Where an application is restored under this section, such provisions as are prescribed have effect for the protection or compensation of persons who exploited (or took definite steps by contract or otherwise to exploit) the relevant invention after the lapse of the application and before the day on which its restoration was notified in the Official Journal .
(5) Proceedings cannot be started under section 57 in respect of anything done during the period from and including the day on which the application lapsed to and including the day on which its restoration was notified in the Official Journal .