Patent Renewal

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Patent renewal is important to give long-term protection to your invention or process. Therefore patent holders must ensure regular renewal of patents so that other parties cannot have the right to your invention and process. But before starting the renewal process let’s easily go through its process.

What is the Patent Renewal Process in India?

The Indian patent system as mentioned under Patent Act, 1970 provides for processes and ways for renewal and restoration of an expired patent. Under section 53, Rule 80 of the Indian Patent Act, it is stated that: 

To keep a patent in force, the renewal fees specified in the First Schedule shall be payable at the expiration of the second year from the date of the patent or of any succeeding year and the same shall be remitted to the patent office before the expiration or the second or the succeeding year.”

Hence an individual through their professionals can file for the patent renewal by paying a patent renewal fee during the lifetime of the patent.

When did we need to renew an expired patent?

The first renewal fee is due before the expiration of the patent's second year, which is effectively the start of the patent's third year. After that, the renewal fee is paid before the patent's previous year's expiration. The renewal fee for the seventh year, for example, the patent renewal will be due until the patent's sixth year expires. The renewal of a patent does not necessitate the completion of a separate form and by submitting a request to the patent controller, a patentee may pay the renewal fee directly. Also, a patentee holder has the right to pay advance renewal fees for two or more years.

On patents of addition, no fee is due unless the original patent is repealed and the patent of addition is transformed into an independent patent; in that case, a renewal fee is due for the remainder of the main patent's term. There is an extension provision for a patent up to six months if the patentee pays the penalty fee for the renewal. 

In case, the renewal fees are not paid on time within the extension period, the patent ceases to exist and it passes to the general public domain. One of the important things to note is that if your patent is granted later than 2 years from the date of filing of the application, then the pending patent fees need to be made within three months from the date of the patent granted as per the record in the patent register.


Required Documents

Acceptable DocumentDocument TypeAdditional Details
Fee for Renewal.doc typedoc detail
TM Renewal Application.doc typesdoc detail

packageName 1000
packageType

  • package
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FAQs

You Ask, We Answer

According to Section 3(k) of the Indian Patents Act, computer programs as such are not considered patentable subject-matter, but they may be protected under copyright law.
The term for patent protection is 20 years from the date of filing of the application.
Under the Scheme for Facilitating Start-ups Intellectual Property Protection (SIPP), the Government of India gives the following privileges to start-ups when filing patent applications in India: • An entity that qualifies as a start-up under the Government of India's Stand-Up India initiative can benefit from rapid examination. • To the extent of Rs.10,000/-, the government reimburses the facilitator who supports the startup in submitting and prosecuting the patent application.
According to Patent Act in India, Chapter II, Section 3 of the Indian Patents Act states what is not considered an invention under the law and is therefore not patentable in India: • inventions being frivolous or contrary to public order, morality, public health, the environment, etc. • scientific discoveries • mere discoveries of new forms of known substances • methods of agriculture or horticulture • diagnostic, therapeutic and surgical methods for the treatment of humans or animals • plants and animals other than micro-organisms • mathematical or business methods or computer programs per se or algorithms • literary, dramatic, musical or artistic work or any other aesthetic creation • schemes, rules or methods of performing mental acts or methods of playing games • presentations of information • topography of integrated circuits • traditional knowledge • Inventions relating to atomic energy are not patentable either.
The patentee has the option of paying the renewal fees annually or in one single payment.

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