All You Should Know About Renewal Process of an Expired Patent

When a Patent is known for an invention in India, the next essential step is to undertaking that it is renewed yearly and perpetually. Indian Patents Act (Section 53 Rule 80) talks about the renewal procedure of an expired Patent. It can be done by the payment of patent renewal fees carefully during the lifetime of the Patent that is twenty years. Scroll down to check the renewal process of an expired Patent in India.

Repayment & Payment of Renewal Fees

A brief explanation of payment and repayment of renewal fees is given below:

Payment of Renewal Fees

The payment of the renewal fees should be made to the IPO (Indian Patent Office) before the end of the related year. For instance, the fee for renewal for the 5^th year should be clear before the expiration of the 4^th year from the Patent Registration date. The renewal fee is essential due, the expiration of the second year from the Patent date and each succeeding year. The Paten owner can even pay an advance renewal fee for two or more years as per the Indian Patent Act.

Repayment of Patent Renewal Fees

For the repayment of the Patent renewal fee, the Patent owner has to provide the applicable Patent number, Patent date and the year concerning the renewal fee paid to make the Patent renewal payment request.

Extra Patent

In the case of an extra Patent Registration, no Patent renewal fee requires paying, and the fee payment schedule persists the same as of the principal Patent. However, in case the other Patent becomes an independent Patent, it shall follow the guidelines of a common independent Patent. There is a provision of continuation up to six months if the Patent owner funds the directed penalty fee for the renewal. If the Patent renewal fees not given with the extension period, the Patent cease to exist and moves on to the public domain.

Pending Fees

Another vital point to recollect is that if the Patent is permitted later than two years of the Patent application’s filing date, the pending fee payment has to be given within three months from the Patent date allowance as specified in the Patent Register^[1]. The summary of the complete method of Patent Renewal in India is that the renewal fees must be met before the beginning of each succeeding year. Nevertheless, this time is extended by six months by required for an extension along with the directed penalty fees.

Fee Schedule for the Renewal of Expired Patent in India

Fees for an Expired Patent during e-filing:

Physical Filing for an Expired Patent:

The renewal fee of expired Patent in case of physical filing comprises the fees mentioned above plus 10% are as follows: Patent Renewal Late Fee (during six months extension period).

It is vital to know the importance of regular payment of renewal fee; or else, the plans available are expensive. The timelines for Patent renewal maintenance is crucial for the Patents lifespan in India. To solve this purpose, the renewal fee as per the 1^st schedule has to make sure regularly.

Process to Renew an Expired Patent

• Restoration of an expired Patent in the Form-15 must be filed within eighteen months from the date on which the Patent gets expired. The Patent owner or the legal representative of the Patent owner had to fill this application form;
• The form must include the conditions under which the Patent owner was unable to pay the fees on time. The statement has to be supported by the reason for such postponement along with the documents as evidence;
• The evidence must hold up the Patentee’s claim that the failure of fees payment was not intentional and there was no unnecessary delay in applying for Patent restoration;
• The Patent Controller can call for extra evidence in case the provided evidence is not acceptable;
• If the Controller doesn’t agree that it is an evident case of Patent restoration, the candidate must be informed. The candidate has the choice to show his or her reasons for restoration within one month; if the candidate does not present himself within one month, the restoration application can be rejected;
• If the Patent owner has failed to register for alteration after Patent expiration, they are required to prove their identity;
• The financial problem is not considered as a ground for failure of fees payment, rather bankruptcy which outcomes in the physical impossibility to pay will be considered as a sensible cause for not paying Patent renewal fees on time.

Conclusion

Renewal of expired Patent is essential for the Patent duration. A Patent owner must ensure that the Patent is renewed regularly to make sure that the Patent is in force. The Indian Patent Acts provide different way and ways to ensure the renewal & restoration of an expired Patent.

Read our article:Let’s Know the Steps to Protect a Patent in India