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Patent Renewal in India

Patent Renewal in India

In India, applicants register their patents for a period of 20 years. It is crucial to renew your patent on time to avoid any surcharge. In the case that you do not renew your patent it will cease to exist and be available in public domain. Thus, you will not be able to take action against a third party who may exploit the benefits of your patent.

To renew a patent there is no need to fill any special form, a patentee can directly pay the renewal fee by making a request to the Controller of the patent. Thereafter, one must pay the first renewal fee before the start of the third year of the patent. Following which the patentee needs to make a yearly payment of renewal fees. Ideally, they must pay the renewal fee for the coming year before the expiration of the current year. For example: The applicant must pay the renewal fee for the 8th year before the expiry of the 7th year of the patent.

Late Renewal

If the patentee does not make the payment within the prescribed time, then, he may request a 6 month extension by paying the late fees. The late patent fee increases with each month after the expiry of the patent. The fee also depends on the type of entity holding the patent and the mode of payment. The patentee can file for the restoration of the lapsed patent if the patent expires.

Restoring a lapsed patent

Reinstating a patent is a complex and expensive process. The patentee must file Form 15 within 18 months from the date of expiry of the patent. Upon the discretion of the Controller, the applicant may seek a 1-month extension. The applicant along with Form 15 must prove that the non-payment of the renewal fee was unintentional and for a genuine reason. The evidence for the same must be provided in the form of a letter, copy of documents or deed. The controller examines this evidence who decides whether the instance of non-payment was genuine or not.

Opposing the restoration of the lapsed patent

Any interested person may oppose the restoration application. The person should apply through Form 14 within 2 months from the date of publication of the application for restoration. Thereafter, both the patentee and the opponent are heard before the Controller who decides the case.

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