Renewal Process Of An Expired Patent

Patent renewal is important for the lifespan of a patent. A patentee must ensure that the patent is regularly renewed to make sure that the patent is in force. The Indian patent act provides for various methods and ways to ensure the renewal and restoration of a patent.

How Can an Expired Patent be Renewed?

When a patent is granted for an invention in India, the subsequent vital step is to make sure that it’s renewed regularly without fail.

As is stated clearly in Section 53, Rule 80 of the Indian Patents Act:
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.

An individual can get a patent renewed by paying a small fee to Patent Renewal Fees diligently during the lifetime of the patent ,i.e. 20 years.

Payment of the Patent Renewal Fees

The payment of the renewal fees must be completed to the Indian Patent and Trademark Office Database before the expiration of the relevant year. For example, the renewal fee for 5th year has to be paid before the expiration of 4th year from the date of the patent. The renewal fee is payable at the expiration of the 2nd year from the date of the patent and every succeeding year. Alternately, the patentee can even pay the advance renewal fee for two years or more as per the Indian Patents Act.

For the payment of the renewal fee, the patentee has got to quote the relevant patent number, date of the patent and therefore the year with respect to the renewal fee is being paid. In the case of the patent of addition, no renewal fee is required to be paid, and therefore the fee payment schedule remains an equivalent as of the most patent. But just in case the patent of addition becomes an independent patent, it shall follow the rules of a normal patent.

There is a provision of extension up to six months if the prescribed penalty fee is paid by the patentee for the renewal. If the renewal fee isn’t paid within the extension period, the patent ceases to exist and passes on to the general public domain. Another important point to recollect is that if the patent is granted later than 2 years from the date of filing of the application; the pending fee payment has to be made within a period of three months from the date of the patent grant as mentioned within the patent register.

Patent Renewal Process

The gist of the entire process of patent renewal in India is that the renewal fees should be paid before the start of each succeeding year. However, this is extendable by 6 months by requesting an extension of your time alongside the prescribed penalty fees.

*On Physical filing – Fees mentioned above + 10% Patent Renewal Late Fee during the 6 month extension period

In case the patent ceases to exist due to the non-payment of the renewal fees, the patentee can opt for another solution that is generally suggested called the ‘restoration.’ This can be done by filing Form 15 within 18 months from the date which the patent has expired. The patentee should provide ample evidence to prove the reason for non-payment; however, the decision of restoration solely depends on the Controller’s decision. The patentee must understand the importance of regular renewal fee payment; otherwise, the remedies available are expensive. Maintenance of patent renewal timelines is crucial for the lifespan of the patents in India.

Disclaimer: The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.

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