Patent Renewal

A patent is granted for twenty years from the filing date of the Convention or Ordinary Application under the Indian Patents Act, 1970. However, for Patent applications that enter the national phase in India via the PCT route, the term of the Patent is estimated from the filing date of the international application, provided that the renewal fee is paid every year before the due date or within the extended time period of maximum six months.

Patent Renewal Agreement

Patent Renewal is critical to the survival of the Patent. To keep a Patent in force, the owner must ensure that it is renewed on a regular basis. In India, renewal fees are paid to the Indian Patent Office prior to the expiration of the relevant year. For example, the Patent Renewal fee for the sixth year must be paid before the fifth year from the Patent Registration date expires. The Indian Patent Office offers several options for ensuring patent renewal and restoration.

Furthermore, if the Patent owner fails to pay the renewal fee on time, the Patent will expire and can only be restored by filing Patent Restoration in Form 15 within 18 months of the Patent's expiration date. The Restoration, on the other hand, is entirely dependent on the Controller's decision.

Payment of Patent Renewal Fee in India

The Patent Renewal fee must be paid to the Indian Patent Office before the relevant year expires. The Patent Act allows the Patent owner to pay the Patent renewal fees in advance for two or more years. The Patent holder has received the quote, the Patent number, the date, and thus the year concerning the renewal fee is being paid. In the case of an additional Patent, no renewal fee is required, and the fee payment schedule is the same as for most Patents.

If an additional Patent becomes an independent Patent, it will adhere to all of the rules and norms of a standard Patent. There is also the option of extending the payment period for up to 6 months if the Patent holder pays the suggested penalty fee for the renewal of the Patent.

Another important consideration is that if the Patent is granted more than two years after the filing date of the application, the pending fee must be paid within three months of the date of the Patent issue as listed in the Patent Register. The general idea behind the overall process of Patent Renewal in India is that renewal fees must be paid prior to the start of each succeeding year. This period can be extended by 6 months by requesting an extension of time and paying the prescribed penalty fees.

Process of Patent Renewal in India

• Within 18 months from the date of expiration of Patent, the Restoration of a lapsed Patent in Form-15 should be filed;
• The Patent application should include the conditions in which the Patent owner was not able to pay the renewal fee within the given time. The statement has to be maintained by the reason for such delay in the payment of the renewal fee along with the documents as proof.
• The evidence should support the claim of the Patent owner that the failure of the fee payment was unintentional, and there was no redundant delay in applying for the Restoration of the Patent.
• The Patent Controller can also call for additional evidence in case the given evidence is not enough.
• If the Controller doesn’t agree that it is an obvious restoration case, then the applicant should be informed. The candidate has the option to show their restoration reasons within 1 month; if the candidate fails to show himself within one month, the application for Patent Restoration can be refused.
• If the Patent holder has failed to register for a name change before the expiry of the Patent, they must apply for the name modification first under Rule 94.
• If the Patent owner modifies the name after expiration, then they are required to prove their identity.
• The financial problem of the Patent Owner is not deemed as a ground for payment of renewal fees; rather, bankruptcy which results in physical impracticality to pay will be deemed as a logical cause for not paying the fees within time.