382. Effect on third persons of restoration of lapsed patents.

382.     Effect on third persons of restoration of lapsed patents.

The effect of an order for the restoration of a patent1 is as follows2.

Anything done under or in relation to the patent during the period between expiry and restoration is treated as valid3; and anything done during that period which would have constituted an infringement4 if the patent had not expired is treated as an infringement:

  1.  

    (1)     if done at a time when it was possible for the patent to be5 renewed6; or

  2.  

    (2)     if it was a continuation or repetition of an earlier infringing act7.

If, after