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Written by : Danial Tooks
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hello guys my name is utkarsh and you are watching company 360. in this video we will see about patent renewal process in india so let's get started the indian patent attack requires patent holders to pay renewable or maintenance fees to keep their patents in effect for the full period of time after the grant of patent each patent holder will retain the patent by paying the renewal fees each year as set out and schedule one there is no annual charge for the first two years the renewal fees is due from the third year onwards in the case that the renewable fees is not charged the patent shall be terminated the patentee shall have the option of paying the renewal fees per year or he also may pay the lump sum amount unlike other countries patents in india are issued for a term of 20 years from the date of filing of the application the first renewal fees is payable before the end of second year of the patent which is essentially the beginning of third year of the patent subsequently the renewal fees shall be paid before the expiry of the preceding year of the patent now let us see the patent renewal process when a patent is granted for an invention in india the next vital step is to ensure that it is renewed regularly and unseasonably this can be done by the payment of renewable fees digitally during the lifetime of the patent that is 20 years the payment of renewable fees is done to the indian patent office before the expiration of the relevant year for example the renewal fees of fifth year has to be paid before the expiration of fourth year from the date of patent the renewal fees is payable at the expiration of second year from the date of patent and each succeeding year the patentee can even pay advance renewal fees for two years or more as per the indian patents act for the payment of renewable fees the patentee has to code the relevant patent number date of the patent and year in respect of which the renewable fees is being paid in order to make the renewable payment request in case of patent of addition no renewable fees is required to be paid and the fee payment schedules remains the same as of the main patent but in case the patent of addiction becomes an independent patent it shall follow the guidelines of an independent normal patent there is a provision of extension up to six months if the prescribed penalty fees is paid by the patentee for the renewal if the renewable fees is not paid within the extinction period the patent cease to exist and passes on to the public domain another important point to remember is that if the patent is granted later than two years from the date of filing of application the pending fee payment has to be made within a period of three months from the date of patent grant as mentioned in the patent register now let's see what if your patents get lapsed what is the process of restoration of lapse patents the restoration of the patent labs is a relatively complex time consuming and costly process in order to re-establish the patent the holder must submit the form 15 within 18 months from the date on which the patent expires a one-month extension may be sought under the patent act which is on the discretion of controller in addition to the form the claimant must also give sufficient proof to show that non-payment of renewal fees was unintentional proof can be in the form of later a copy of a document or an act of law the detail received by the patent holder is then reviewed by the controller who determines if the non-payment authority was legitimate or unintentional however any person concerned may object to request for restoration by filing form 14 together with a fee within two months from the date of publication of the request for restoration in such a case both the patentee and the opponent shall have the opportunity to be heard before the controller decides the case so that is it for this video guys i hope you understood the patent renewal process in india do let us know what you think in the comment section below and if you require any sort of legal consultation you can email us or call us at the given number our council would be happy to help you so thank you again for watching the video and i'll meet you in the next one bye bye
Thanks for your comment Claire Geng, have a nice day.
- Danial Tooks, Staff Member
hi i'm john risby the patent professor i'm often asked what happens to a patent after 20 years so the duration of a patent is 20 years and the u.s patent is a monopoly that you can use to prevent somebody else from making using selling or importing the idea in the united states this monopoly lasts for 20 years after your filing date and once the 20 years are over you cannot prevent anyone from using your idea in fact after the 20 years your idea is considered dedicated to the public and that means that anybody else can use your idea without owing any licensing or royalty payments to you or getting your permission but it also means that nobody else can file a patent on your idea either because it's part of the public domain the only way they can file another patent is if they improve your idea and come up with some new novel and non-obvious change if you have other questions about patenting give me a call you
Thanks Queen your participation is very much appreciated
- Danial Tooks
About the author
I've studied critical theory at Simpson University in Redding and I am an expert in gender archaeology. I usually feel naughty. My previous job was art therapist I held this position for 8 years, I love talking about embroidery and farming. Huge fan of Wiz Khalifa I practice cricket and collect collectible card games.
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