Once a patent is granted in India, it is valid for 20 years from the date of filing (or priority date). However, to keep the patent in force, annual renewal fees must be paid starting from the 3rd year. As per Section 53, Rule 80 of the Indian Patents Act, in order to keep the patent in force, the prescribed renewal fee is required to be paid in respect of each year in advance to the Indian Patent Office. Failing to renew a patent can result in the lapse of patent rights, making the invention public property. If the renewal fee is not paid on time, the Indian Patent Office allows a six-month grace period with an additional surcharge.
In case the patent is granted later than two years from the date of filing of the application, the renewal fee that becomes due in the meantime has to be paid within three months from the date of recording of the patent in the patent register or within the extended period not later than nine months from the date of such recording.
In the case of a patent of addition matter, no renewal fee is payable as long as the main patent (parent patent) remains in force. However, if a patent of addition becomes an independent patent, the same fee shall thereafter be payable, upon the same dates, as if the patent had been originally granted as an independent patent.
Tips for Effective Patent Maintenance:
- Maintain a renewal schedule smartly or use patent management tools to track deadlines. A few free online docketing platforms are available for getting reminders and deadline tracking.
- Engage Patent Agents to manage filings and renewals.
- For patents with very limited commercial potential, consider strategic abandonment to save costs.
|
Year |
Natural person or startup or small entity, or educational |
Other(s), Large Entities |
|
3rd |
800 |
4000 |
|
7th |
2400 |
12000 |
|
11th |
4800 |
24000 |
|
16th |
8000 |
40000 |
Recent amendments offer a 10% discount on annual renewal fees if paid in advance for a period of at least four years through an electronic mode. This incentive encourages timely payments and reduces the financial burden on patent holders.
Note: Fees are subject to updates by the Controller General of Patents, Designs and Trademarks. For the latest & complete information, please visit the Official IPindia website, please click https://ipindia.gov.in/form-and-fees.htm
Conclusion:
Patent renewal is an essential step in maintaining exclusive rights over an invention in India. Given the structured timeline and potential consequences of non-compliance, patentees must stay vigilant and plan ahead. Whether you’re an individual inventor, a startup, or a large corporation, a proactive approach to patent renewal can safeguard your intellectual property and ensure sustained competitive advantage.
– AmanIntellect IP