A Complete Guide on Patent Renewal Process in India
When a Patent is registered in India, then the next step is to make sure that it is renewed regularly and continuously. In case the Patent is not renewed on time, then it will be ceased, and it comes under the public domain. In India, the Patent renewal process is done by filing an application for Patent Renewal. The fee for Patent Renewal is payable at the end of the 2nd year from the Patent Registration date. The Indian Patent Act offers various ways and to ensure the restoration and renewal of a Patent. In this blog, we discuss the Patent Renewal Process in India.
Also, if the applicant failed to pay the renewal fee on time, then the Patent gets ceased to effect and can be only restored by filing an application for restoration in the Form-15 within eighteen months of the period from the date of Patent expired. But the decision of Patentrestoration totally depends on the decision of the Controller.
Fee Payment of the Patent Renewal
The fee payment of the Patent renewal after the Patent renewal process should be finished to the Indian Patent and Trademark Office Database (IPTOD) before the expiration of the significant year. For example, if the Patent renewal fee for the 6th year has to be paid before the expiration of the 5th year from the date of Patent Registration. As per the Indian Patent Act, the Patentee or the owner of the Patent can pay the renewal fees in advance for two or more years. For the payment of the Patent renewal fee, the owner of the Patent has got to quote the Patent Date, Patent number, and therefore the year with respect to the renewal fee is being paid. In the case of an additional Patent, no renewal fee is required to be paid, and the payment of the renewal fee schedule remains equal as of the most Patent.
However, in case of the additional Patent becomes an independent Patent, it will follow all the rules of a normal Patent. There is also a facility of extension period for the payment of Patent renewal fee up to 6 months if the prescribed fee for the penalty is paid by the Patentee for the renewal. In this case, if the Patentee does not pay the Patent renewal fee within the extension period, then the Patent get cease and comes under the public domain. Another essential point to keep in mind is that if the Patent is registered after two years from the date of apply for renewal, the payment of the pending fee has to be done within 3 months from the date of the Patent grant stated within the Patent Register.
What is the Patent Renewal Process in India?
Following is the step by step Patent renewal process in India:
- Within 18 months from the date on which the Patent gets expired, the restoration of an expired Patent in Form-15 should be filed.
- The application should comprise of the conditions under which the Patentee was not able to pay the Patent Renewal Fee on time. The statement has to be maintained by the reason for such delay in the fee payment along with the documents as evidence.
- The evidence should support the Patentee’s claim that the failure of the payment was unintentional, and there was no unnecessary delay in applying for Patent Restoration.
- The Patent Controller can call for some extra evidence in case the given evidence is not agreeable.
- In case the Patent Controller doesn’t agree that it’s an obvious case of restoration, then the applicant should be notified. The applicant has the choice to present their reasons for restoration within one month; if the applicant fails to present himself within one month, the restoration application can be rejected.
- If the owner of the Patent has failed to register for a name change before patent expiration, they should first apply for a modification of name under the Rule 94.
- If the Patentee change or alter the name after Patent expiration, they are required to prove their identity.
- The monetary problem of the Patentee is not considered as a ground for fees payment; rather, bankruptcy which results in physical impracticality to pay will be considered as a reasonable cause for not paying the Patent renewal fees on time.
Fee Structure of Patent Renewal in India
There are two different modes of payment of the Patent renewal fee, and you can pay the fee after completing the Patent Renewal process. Below is the table of fee structure of Patent renewal in India:
- Following is the Patent renewal fees for an expired patent during E-filings:
|Patent Year||Individual / Small Entity Renewal Fee (INR)||Standard Renewal Fee(INR)|
|3rd||800 / 2000||4000|
|4th||800 / 2000||4000|
|5th||800 / 2000||4000|
|6th||800 / 2000||4000|
|7th||2400 / 6000||12000|
|8th||2400 / 6000||12000|
|9th||2400 / 6000||12000|
|10th||2400 / 6000||12000|
|11th||4800 / 12000||24000|
|12th||4800 / 12000||24000|
|13th||4800 / 12000||24000|
|14th||4800 / 12000||24000|
|15th||4800 / 12000||24000|
|16th||8000 / 20000||40000|
|17th||8000 / 20000||40000|
|18th||8000 / 20000||40000|
|19th||8000 / 20000||40000|
|20th||8000 / 20000||40000|
- Filing for Patent Renewal physically: In the case of physical filing of the Patent renewal fee, it includes the above fees plus 10% are as follows – Late fee for Patent Renewal (during six months of extension period).
|Mode of filing||Natural Person||Small Entity||Large entity|
The Patent renewal process is essential for the duration of a Patent, and the owner of a Patent ensure that the Patent is renewed regularly and pay the Patent renewal fee from time to time without any delay. Also, The Indian Patent Act provides different ways and methods to ensure the restoration and renewal of an expired Patent in India.