Patent Renewal in India: A Comprehensive Guide

Patent renewal refers to the process of maintaining the validity of a patent beyond its initial term. In India, for instance, a patent is valid for 20 years from the date of filing, but it must be renewed every year post the grant of the patent. If a patent is not renewed, it lapses and enters the public domain, which means anyone can use the invention without the patent holder’s permission.

Purpose

The purpose of patent renewal is to extend the exclusive rights granted by a patent. These rights allow the patent holder to prevent others from making, using, selling, offering for sale, or importing the patented invention in India.

Renewing a patent allows the patent holder to continue benefiting from these exclusive rights, which can be crucial for commercializing an invention or for maintaining a competitive advantage in the market.

Procedure

The procedure for patent renewal in India involves paying a renewal fee to the Indian Patent Office (IPO). This fee must be paid in advance for the next year. That is, the patent renewal fee for the 5th year is to be paid before the 4th year patent term expires.

Patent fee only becomes applicable once the patent application is granted. If the patent is granted after 2 years, the renewal fee is to be paid within 3 months of the grant of the patent.

If the fee is not paid on time, the patent will lapse. It is possible to renew with a 6 month extension of time. Further, it may also be restored within 18 months of the lapse by paying the unpaid renewal fee along with a restoration fee. However, restoration of patents is a complicated process, with high risks and costs.

Risks

One of the main risks associated with patent renewal is the potential for the patent to lapse, if the renewal fee is not paid on time. A lapsed patent can lead to the loss of patent rights. Furthermore, the cost of renewal, which can be significant can be challenging, especially for patents that are renewed for many years.

Results

Once a patent is renewed, the patent holder continues to have the exclusive right on the patented invention for the renewed term. This means that the patent holder can continue to prevent others from exploiting the invention without their permission. The patent holder can also continue to use the “Patented” status for the invention, which can deter others from copying the invention.

Costs

The costs of patent renewal in India include the renewal fee, which varies depending on the year of renewal and the type of patent applicant in India.

The fee is lower for the initial years and increases for the later years. There may also be additional costs for legal services if a patent attorney is used to handle the renewal process.

If you are engaging a patent professional for patent renewal, the professional fee may generally range from 3,000 to 10,000 per renewal per year on an average. You can request for a quote by submitting the request for consultation form.

Renewal Year	Yearly Fee for Individuals, Startups, MSME, Educational Institutes (INR)	Yearly Fee for Other Entity (INR)
3rd to 6th	800	4000
7th to 10th	2400	12000
11th to 15th	4800	24000
16th to 20th	8000	40000

If the renewal fee is not paid on time, the renewal may be done along with an extension of time application. Maximum extension possible with late fee is for a period up to 6 months. Furthermore, if the patent is lapsed, it may be restored by paying the renewal fee along with restoration fees.

FAQs

1. Can a patent be renewed after 20 years in India?

No, a patent cannot be renewed in India after 20 years from the date of filing. The maximum term of a patent in India is 20 years.

2. Can I pay the patent renewal fees in installments?

No, the patent renewal fee (government fee) must be paid in full at the time of renewal. Professional fee, however, may be paid in installments depending on the professional. On Zatapult, you have the option to pay on EMI’s.

3. Can I renew a patent that was filed under the Patent Cooperation Treaty (PCT)?

Yes, a patent that was filed under the PCT can be renewed in each country where it has been granted, according to the patent laws of each country.

4. Can someone else renew my patent if it lapses?

No, only the patent holder or their authorized representative can renew a patent in India.

5. How can I verify that my patent has been renewed?

You can verify the renewal of your patent by checking the status of your patent on the website of the Indian Patent Office.

6. Should I renew my patent or let it lapse?

This decision depends on various factors, such as the commercial value of the patent, the cost of renewal, and the strategic importance of the patent to your business. If the patent is still commercially valuable and provides a competitive advantage, it may be worth renewing. However, if the cost of renewal is high and the patent is not being commercially exploited or has any hope for exploitation, it may be more economical to let it lapse. But once allowed to lapse, the technology enters the public domain.

Resources

For more information on patent renewal, you can visit the following resources:

• Indian Patent Office
• Indian Patent status check