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Patent Renewal 100% Online Patent Services
The patents granted in India are valid for twenty years, provided the annual renewal fee of the patent is remitted to the patent office within time. We assist in the seamless and timely renewal of patents to ensure their validity is maintained.
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An Overview of Patent Renewal
In India, renewal fees for patents are submitted to the Indian Patent Office prior to the end of the respective year. For instance, the renewal fee for the 6th year must be paid before the 5th year from the patent registration date elapses. The Indian Patent Office offers multiple avenues to facilitate patent renewal and restoration.
In case the renewal fee is not paid promptly, the patent expires and can only be reinstated by filing a Patent Restoration application in Form 15 within 18 months from the patent’s expiry date. However, the decision on restoration rests solely with the Controller.
In case the renewal fee is not paid promptly, the patent expires and can only be reinstated by filing a Patent Restoration application in Form 15 within 18 months from the patent’s expiry date. However, the decision on restoration rests solely with the Controller.
Process of Patent Renewal in India
FAQ's on Patent Renewal
There are no annuities due in India before the patent is granted. Once the patent has been granted, annuities must be paid annually in accordance with the rules described above under the section Due Dates.
The renewal fees in India can be settled at any given time. Technically, all annuities can be paid at the same time, meaning that you will only have to pay one, large sum of renewal fee.
Yes, it is possible to renew an Indian patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the patent, both the renewal fee and the surcharge fee will have to be settled.
For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the patent lapsing.
For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the patent lapsing.
Yes, you will need assistance from local representation to renew a patent in India. It is a requirement to be an authorized representative in order to carry out the renewal of a patent in India. Currently, PatentRenewal.com does not have the necessary authorization and we are therefore using a local representative to carry out the renewal process.
It may be possible for the patent owner to carry out the renewal themself, but unless you have experience with paying renewal fees in India we will advise you to engage a local representative.
It may be possible for the patent owner to carry out the renewal themself, but unless you have experience with paying renewal fees in India we will advise you to engage a local representative.
A patent will stay in force for 20 years in India from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.
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