Patent Renewal Process in India

Patent Renewal

When a patent is granted for an invention in India, the next vital step is to ensure that it is renewed regularly and unceasingly. (Section 53, Rule 80 of the Indian Patent Act). This can be done by the payment of Patent Renewal Fees diligently during the lifetime of the patent i.e. 20 years.

The payment of the renewal fees is done to the Indian Patent Office before the expiration of the relevant year. For example, the renewal fee for the 5th year has to be paid before the expiration of the 4^th year from the date of the patent. The renewal fee is payable at the expiration of the 2^nd year from the date of the patent and each succeeding year. The patentee can even pay the advance renewal fee for 2 years or more as per the Indian Patents Act.

For the payment of the renewal fee, the patentee has to quote the relevant patent number, date of the patent, and the year in respect of which the renewal fee is being paid, in order to make the renewal payment request.

In the case of patent of addition, no renewal fee is required to be paid and the fee payment schedule remains the same as of the main patent. But in case the patent of addition becomes an independent patent, it shall follow the guidelines of an independent normal patent.

There is a provision of extension up to 6 months if the prescribed penalty fee is paid by the patentee for the renewal. If the renewal fee is not paid within the extension period, the patent ceases to exist and passes on to the public domain.

Another important point to remember is that if the patent is granted later than 2 years from the date of filing of the application; the pending fee payment has to be made within a period of 3 months from the date of the patent grant as mentioned in the patent register.

The gist of the whole process of patent renewal in India is that the renewal fees should be paid before the beginning of every succeeding year. However, this period is extendable by 6 months by requesting an extension of time along with the prescribed penalty fees.

Patent Renewal In India – Fee Schedule

*On electronic filing

*On Physical filing – Above fees + 10%

Patent Renewal Late Fee (during 6 months extension period)

When the patent ceases to exist because of the non-payment of the renewal fees, another solution generally suggested is the ‘restoration.’ This can be done by filing Form 15 within 18 months from the date the patent lapsed. It should provide substantial evidence to prove the reason for non-payment was unintentional and it solely depends on the Controller’s decision. You can find more details on the link provided herein restoration of lapsed patents.

It is important to understand the importance of regular renewal fee payment otherwise the approaches available are expensive. Maintenance of patent renewal timelines is imperative for the lifespan of the patents in India. To solve this purpose regular payment of the renewal fee as per the first schedule has to be ensured.

Please contact Intepat for more information.