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Overview on Patent Renewal

In order for a patent to remain valid, it must be renewed. For a patent to remain in effect, its owner must make sure that it is routinely renewed. Prior to the expiration of the applicable year, renewal payments must be paid to the Indian Patent Office. For instance, the cost for the sixth year of a patent must be paid before the end of the fifth year following the date of the patent registration. The Indian Patent Office offers several options and ensures the renewal and restoration of patents.

Also, if the owner of the patent failed to pay the renewal fee on time, the patent will expire and can only be restored by completing a Patent Restoration in Form 15 within 18 months of the date the patent expired. But, the Controller's choice will have an entirely bearing on the Restoration.

Is It Possible to Increase a Patent's Lifetime?

According to the Indian Patents Act of 1970, a patent is given for a finite duration of 20 years on a good, a process, or an invention. Hence, a patent in India has a 20-year life from the date of filing its application. The patent's lifespan cannot be extended in any way. After a patent's protection period is up, the invention loses its exclusivity and enters the public domain. This indicates that the invention is freely usable by anybody without fear of legal action for patent infringement.

The patent holder must routinely renew their patent right in accordance with Section 53, Rule 80 of the Indian Patents Act, 1970. This will guarantee that the patent is valid for the entire duration of the grant. As a result, you must renew your patent each year by paying a nominal charge.

Patent Renewal Fee Payment in India

After the renewal process, the money for the patent must be paid to the Indian Patent Office before the year in question expires. According to the Patent Act, the patent holder may pay the renewal fees up to two years in advance. The patent holder has the quote, the patent number, the date, and the year that the renewal fee is being paid for the payment of the fee. For an additional Patent, there is no renewal fee to be paid, and the fee payment schedule is the same as it is for most Patents.

Every standard patent's rules and regulations will be followed if an additional patent later becomes an independent patent. If the indicated amount for the penalty is paid by the patent holder for the renewal of the patent, there is also a possibility for a term extension for the payment up to 6 months.

Another important point to keep in mind is that the pending fee must be paid within three months of the date the patent issue was announced in the Patent Register if the patent is awarded more than two years after the application's filing date.

The main principle of the procedure for renewing a patent in India is that the renewal fees must be paid prior to the beginning of each subsequent year. However, by submitting a request for an extension and the required penalty payments, this time frame is extended by 6 months.

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Patent Renewal Procedure in India

The procedure for renewing a patent in India is as follows:

  • The Restoration of a Lapsed Patent in Form-15 must be filed within 18 months of the date the patent expired.
  • The circumstances under which the patent holder was unable to pay the renewal fee within the allotted time frame should be indicated in the patent application. The claim must be supported by paper works that demonstrates the cause of the payment delay for the renewal charge.
  • The argument of the patent holder that the fee payment error was inadvertent and that there was no needless delay in filing for the restoration of the patent should be supported by the evidence.
  • In the event that the proof provided is insufficient, the Patent Controller may also request additional evidence.
  • The applicant should be informed if the Controller disagrees that it is an evident restoration situation. If the applicant fails to provide his restoration-related justifications within one month, the application for patent restoration may be rejected. The applicant has one month to do so.
  • In accordance with Rule 94, the patent holder must submit an application for name modification first if they neglected to file for a name change before the patent's expiration.
  • If the patent holder changes the name after expiration, they must provide identification.
  • The Patent Owner's financial situation is not taken into account when determining whether to pay renewal fees; rather, bankruptcy that renders payment physically impracticable is taken into account when determining why the costs were not paid on time.

Indian Fee Structure for Renewal of Expired Patents

The following are the fee schedules for renewing a patent:

Patent Expiration E-Filing

The following fees apply to an expired patent when submitting electronically:

Patent Year

Individual / Small Entity Renewal Fee (INR)

Standard Renewal Fee(INR)

3rd

800 / 2000

4000

4th

800 / 2000

4000

5th

800 / 2000

4000

6th

800 / 2000

4000

7th

2400 / 6000

12000

8th

2400 / 6000

12000

9th

2400 / 6000

12000

10th

2400 / 6000

12000

11th

4800 / 12000

24000

12th

4800 / 12000

24000

13th

4800 / 12000

24000

14th

4800 / 12000

24000

15th

4800 / 12000

24000

16th

8000 / 20000

40000

17th

8000 / 20000

40000

18th

8000 / 20000

40000

19th

8000 / 20000

40000

20th

8000 / 20000

40000

Physically Submitting a Request for an Expired Patent

The following are the costs for renewing an expired patent in cases of physical filing, which also include the aforementioned costs plus 10%: Late Fee for Patent Renewal (during six months extension period).

Mode of filing

Natural Person

Small Entity

Large entity

E-filing

480/month

1200/month

2400/month

Physical filing

528/month

1320/month

2640/month

Understanding the importance of timely renewal fee payment is crucial; otherwise, the available strategies are pricey. The upkeep of patent renewal deadlines is essential for the durability of patents in India. Renewal fees according to the first schedule must be guaranteed on a regular basis to achieve this goal.

How to renew A Patent that has expired?

The following steps must be taken to renew a patent that has expired:

  • Within 18 months of the date the patent expired, a Form-15 application for restoration of an expired patent must be filed. This application form must be filled out by the patentee or the patentee's legal agent.
  • The conditions under which the patentee was unable to pay the fees on time should be listed on the application form. The justification for the delay, as well as any supporting paper works, must be provided to back up the claim.
  • The argument of the patentee that the failure to pay the fees was unintentional and that there was no excessive delay in filing for the restoration of the patent should be supported by the facts.
  • If the proof presented is insufficient, the patent controller may request additional evidence.
  • The applicant shall be informed if the Controller disagrees that it is a prima facie case for restoration. If the applicant does not present himself within one month, the application for restoration may be denied. The applicant has one month to give his or her justifications for restoration.
  • If the patentee neglected to file for a name change prior to the expiration of the patent, they must first submit an application under Rule 94.
  • If they change their name after the patent has expired, they must provide identification.
  • A bankruptcy that renders a person physically unable to pay will be accepted as a valid excuse for failing to pay renewal fees on time rather than the patentee's financial difficulties.

Frequently Asked Questions

The lifespan of a patent is set at twenty years, and it cannot be increased. After this time period has passed, the innovation loses its patent protection and enters the public domain.

Anyone may use, manufacture, sell, or import the invention without the patent owner's consent when the patent registration expires.

A patent that has expired or lapsed no longer offers the owner any protection.

The extension of a patent that claims a product, a method of using the product, or a manufacturing process that must receive regulatory approval before being used exclusively.

The patent owner or their representative must submit the application for the patent extension.

The USPTO protects inventions with patent pending status, so you can market your idea without fear.

A patent that you believe to be abandoned or expired cannot be filed.

By using the USPTO website to conduct a patent search and determining whether the patent has expired, you can find out if you can purchase an expired patent. Following your search, you can get in touch with the patent's owner to discuss a purchase.

The ownership of a patent is transferable, yes. A patent holder has the authority to sell the ownership of a patent or to issue a licence for its usage.

Yes, you can prolong the term of a patent each year by paying the renewal costs in accordance with the applicable laws and regulations. However, the maximum validity is only 20 years. The patent will then lose its validity and cannot be renewed after that point.

Patent protection ends when a patent expires. The invention will be made available to the whole public, and anyone may utilise it for profit.

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