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Upon successful Patent Registration, the patentee should remember that such patent is renewed regularly per the rules laid down in the Indian Patents Act,1970. In India, the lifespan of a patent is 20 years from the date of registration. To keep the patent in force for the term of patent in India, the patentee pays a renewal fee as per Rule 80 of the Indian Patents Act, 1970. In case the renewal fee is not paid, the patent expires. However, the expired patent can be renewed through a simple procedure. In this article, the expired patent renewal process is discussed in detail.
Rules for Payment of Fees for Patent Renewal in India
- As per Rule 80(1) of the Patent Rules, 2003:
“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.”
- The First Schedule of the Indian Patents Rule, 2003 provides a fee structure for renewing expired patents in India. The patent renewal fee must be paid to the Indian Patent Office before the expiration of the succeeding year to avoid the patent’s expiration.
- Renewal fees are payable after 2 years of the grant of patent followed by the succeeding years.
- The patent renewal fee can also be paid in advance for two or many years as per Rule 80(2) of the Patents Rules,2003
- It is vital to pay the renewal fees within the prescribed time limit. However, the period for payment of renewal fee can be extended up to six months upon request made by the patentee in Form 4 with the requisite fee per Rule 80 (1A) of the Patent Rules,2003.
Expired Patent Renewal Process in India
If the patent has not been renewed on time, the patent expires. However, there is an expired patent renewal process that can be followed for restoration of patent, as mentioned below:
- The patentee or the legal representative of the patentee must file an application for restoration of the patent in Form 15 within 18 months from the date on which the patent ceased to have effect to the Office of Controller per Section 60(1) of the Indian Patent Act, 1970.
- Section 60(2) of the Act mandates the applicant to state the circumstances in detail, which led to the failure to pay the fee on time. Such a statement must contain evidence for verification of such circumstances.
- The Controller may ask for further evidence from the applicant if necessary.
- In case the Controller thinks that a prima facie case for the restoration of the patent is not made out. He can reject the application for renewal of the expired patent and communicate the same to the applicant. However, the applicant may request to be heard in the matter within a month from the date of such communication per Rule 84 of the Patents Rules,2003.
- If, after hearing the matter, the Controller is satisfied that the applicant’s failure to pay the renewal fee on time was unintentional, he shall issue the renewal application.
- After the Controller has issued the renewal application, the applicant shall pay the unpaid renewal fee and the additional fee as specified in the First Schedule within a month from the date of allowance of the application for restoration of patents by the Controller, per Rule 86 of the Patents Rules,2003.
Fee Structure for Expired Patent Renewal
As specified in the First Schedule of the Patent Rules,2003, the fee for the renewal of patents can be paid through e-filing or physical filing. If the applicant files for renewal in physical mode, he has to pay 10% more than the amount to be paid in the e-filing.
Fee Structure for renewal of patent through e-filing:
| Year | Natural person(s) /Startup(s)/Small entity(ies)/Educational Institution(s) | Other(s) |
| 3rd to 6th year | 800 | 4000 |
| 7th to 10th year | 2400 | 12000 |
| 11th to 15th year | 4800 | 24000 |
| 16th to 20th year | 8000 | 40000 |
Fee structure for renewal of patent through physical filing:
| Year | Natural person(s) /Startup(s)/Small entity(ies)/Educational Institution(s) | Other(s) |
| 3rd to 6th year | 880 | 4400 |
| 7th to 10th year | 2650 | 13200 |
| 11th to 15th year | 5300 | 26400 |
| 16th to 20th year | 8800 | 44000 |
Fee involved in expired patent renewal process through e-filing:
| Fee payable | Natural person(s) /Startup(s)/Small entity(ies)/Educational Institution(s) | Other(s) |
| On application for restoration of patent | 2400 | 12000 |
| Additional fee for restoration of patent | 4800 | 24000 |
Fee involved in expired patent renewal process through physical filing:
| Fee Payable | Natural person(s) /Startup(s)/Small entity(ies)/Educational Institution(s) | Other(s) |
| On application for restoration of patent | 2650 | 13200 |
| Additional fee for restoration of patent | 5300 | 26400 |
Conclusion
To keep the patent in force, time to time renewal is vital. Failure of renewal will lead to the expiration of the patent. The Indian Patent Act, 1970[1] provides for various provisions for patent restoration upon expiration, but the expired patent renewal process can be tedious and expensive. To avoid such costs and save time, the patentee must file for renewal of the patent on time.
Read our article:Procedure for Registration of Patent Agents in India
