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Patent Renewal

According to the Indian Patents Act of 1970, a Patent is awarded for 20 years from the date of submission of the Convention or Ordinary Application. If the Patent may continue to be in force, it depends on its renewal. In order to ensure their continuous validity, holders of Patents need to make sure they are regularly renewed. The proprietor is responsible for ensuring that the Patent is continued on a regular basis in order to protect its validity. The Indian Patent Office must receive a renewal payment before the end of the year.

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What is Patent Renewal?

A Patent has a 20-year validity period and is a type of intellectual property. Following its 20-year expiration, the Patent loses its protection. That is to say, a Patent cannot be renewed or patented again when it expires after twenty years.

The Patent holder must, however, consistently renew their Patent before the whole 20 years have passed. As stipulated in the first schedule, renewal fees must be paid at the second year's expiration from the date of the Patent or in any subsequent year in order to maintain the validity of a Patent, as per Section 53, Rule 80 of the Indian Patents Act.

Objective

Ultimately, the aim of patent renewal is to extend the patent's exclusive rights. These rights give the patent holders the ability to prevent other parties from creating, applying, promoting, importing, or selling the patented invention in India.

The ability to retain these exclusive rights, which may be necessary for commercialising an invention or preserving an advantage over competitors in the market—is granted by renewing a Patent.

The Indian Patent Act

The guidelines for Patents in India are provided under this Act. The Indian Patents Act contains all of the guidelines for acquiring and renewing Patents. The Patentee or any permitted person must pay a set fee in order to renew the Patent or maintain it in effect. However, only the Patent holder or his legal agent may file an application on the occasion that a Patent has expired. The Patent expires or slips from its expiration date if the renewal fee is not submitted within the allotted time limit or within the six-month term that can be extended by making a request for an extension of time.

The Payment of Fees for Patent Renewal

The Indian Patent Office must receive payment for the renewal payment before the relevant year's expiration date.

For example, before the 4th year from the Patent date expires, the renewal price for the 5th year must be paid. The renewal cost is due on the date of the Patent and every year that follows after the 2nd year has passed. In addition, the Indian Patents Act allows the Patent holder to pay the renewal fee two years or more beforehand.

The Patent holder must carefully verify the appropriate page numbers, the Patent date, and the year that the renewal fee is being paid before remitting the payment. The renewal cost does not need to be paid in order to add a Patent. However, the typical Patent regulations apply in order to establish the Patent of addition as a separate Patent. If the Patent holder pays the designated penalty amount for renewal, he will be granted a six-month extension. If the Patent holder does not pay a renewal cost within this time limit, the Patent shall expire and be made public. In the case that a Patent is issued for more than two years after its application has been submitted, it must be held that an unpaid fee shall have to be paid within three months of the date on which the Patent was granted.

How to Renew a Patent in India?

Within 18 months of the Patent expiration date, Form 15 (Restoration of a Lapsed Patent) must be filed.
The Patent application should include all information that prohibited the holder of the Patent from paying the renewal fee on time. In addition to supporting documentation, the statement must explain why the renewal cost was not paid on time.
The facts should support the Patent owner's argument that the non-payment of the fee was an inadvertent error and that the application for Patent restoration was not unduly delayed.
Additionally, if the evidence provided is not enough, the Patent Controller may ask for additional evidence.
The applicant shall be notified if the Controller disagrees that the problem is clearly one of restoration. Within 30 days, the candidate can present their argument for restoration; if they are unable to do so, their application for Patent restoration may be denied.
The Patent holder needs to apply for name alterations in accordance with Rule 94 if they have not registered for a name modification before the Patent expiration.
The Patent holder must provide identification if they change their name after it expires.
The Patent owner's financial challenges are not acceptable reasons for not paying the renewal fees on time; rather, a bankruptcy that renders payment physically impossible will be agreed upon as a fair justification.

Cost Schedule for Indian Patent Renewal

In India, there are two payment modes for the Patent Renewal fee; the following is the table of fee schedules for Patent renewal in India:

Pricing Schedule for Online Filings

Patent Year	Individual Renewal Fee	Small Entity Renewal Fee	Standard Renewal Fee
3^rd	800/-	2,000/-	4,000/-
4^th	800/-	2,000/-	4,000/-
5^th	800/-	2,000/-	4,000/-
6^th	800/-	2,000/-	4,000/-
7^th	2,400/-	6,000/-	12,000/-
8^th	2,400/-	6,000/-	12,000/-
9^th	2,400/-	6,000/-	12,000/-
10^th	2,400/-	6,000/-	12,000/-
11^th	4,800/-	12,000/-	24,000/-
12^th	4,800/-	12,000/-	24,000/-
13^th	4,800/-	12,000/-	24,000/-
14^th	4,800/-	12,000/-	24,000/-
15^th	4,800/-	12,000/-	24,000/-
16^th	8,000/-	20,000/-	40,000/-
17^th	8,000/-	20,000/-	40,000/-
18^th	8,000/-	20,000/-	40,000/-
19^th	8,000/-	20,000/-	40,000/-
20^th (Final Year)	8,000/-	20,000/-	40,000/-

On Physical Filing

Fees mentioned in the table above +10% additional fee has to be paid in the event of physical filing.

Patent Renewal Late Fee

If the owner of the Patent fails to make payments for renewal fees on schedule, they may seek a six-month extension and cover the late cost, as shown in the following table:

Mode of filing	Natural Person	Small Entity	Large Entity
E-filing	480/- per month	1,200/- per month	2,400/- per month
Physical filing	528/- per month	1,320/- per month	2,640/- per month

Potential Risks

One of the biggest risks associated with Patent renewal is that a Patent may expire if a deposit is not paid in time. The loss of Patent rights may occur from a Patent that has expired. It can sometimes be challenging to pay the high renewal charge, especially for Patents that are renewed for a long time.

Impacts

The exclusive right to the Patent creation is still present with the Patent holder for the length of the renewal following a Patent has been renewed. This suggests that the owner of the Patent can keep stopping others from using the idea for their own benefit. Additionally, the invention's "Patented" status may be used by the Patent holder to discourage others from stealing it.

Restoring a Lapsed Patent

It takes a lot of money, effort, and complexity to restore a Patent that has expired. The inventor has 18 months from the date of the Patent's expiration to file Form 15 and seek a renewal of the Patent. According to the Patent Act, the Controller may ask for a one-month extension at their discretion.
In addition to the application, the applicant must include strong evidence that the failure to pay the renewal cost was an inadvertent error. The evidence might be a deed, letter, or copy of some paperwork.
The Controller then reviews the data supplied by the Patent holder to determine if the non-payment incident was deliberate or not.
Furthermore, any interested party may oppose the restoration application by submitting Form 14 and the necessary payment within two months of the date of publication of the application. Here, the Controller decides after hearing arguments from the opposing party and the Patent holder.
It is important for claimants to understand that submitting an application does not ensure that their expired Patent will be renewed.

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Frequently Asked Questions

In India, is it possible to renew a Patent after 20 years? +

A Patent can only be renewed once every twenty years; it cannot be extended. The invention becomes publicly available after this lifespan is reached and is no longer protected by a Patent.

Does a Patent I filed through the PCT have the potential to be extended? +

A Patent applied for under PCT may be reinstituted in every country where it has been registered, subject to the laws of those nations with reference to Patents.

Can someone else do the same thing when my Patent is up for renewal? +

No, in India, a Patent can only be renewed by the former owner or an authorised representative.

Can we find out if my Patent is renewed? +

You can verify that your Patent has been renewed by monitoring its status on the Indian Patent Office's website.

Is it a good idea to extend the Patent or stay in force? +

A Patent's commercial value, renewal costs, and the strategic importance of your business are just a few of the variables that will affect that choice. It could be preferable to renew the Patent if its market Value remains elevated and it has a competitive advantage. However, if there is no business purpose or potential of doing so and the fees associated with renewing are significant, it may be more economical to keep the Patent in place.

Is it possible to pay a fee for Patent renewal in instalments? +

No, it is necessary to pay the entire government fee for Patent renewal at the time of renewal. However, the money may be paid in instalments according to the professional.

What's the value of that Patent when it expires? +

The owner of a Patent that has ceased to exist or is invalid shall not be subject to any safeguard.

Can Patents be transferred in an acceptable way? +

Indeed. The Patent holder has the right to sell or publish a licence for its use. The ownership of Patents is transferable.

Who can file an application for a Patent extension? +

The application for a Patent extension must be submitted by the inventor of the Patent or their agent.

What's the meaning of a Patent Revocation? +

Patent Revocation [Section 64(1)] The Central Government or whoever would be interested may submit a petition to the High Court to have a Patent withdrawn. Additionally, the High court uses its right of revocation in the case of a counterclaim in a lawsuit alleging infringement of Patent.