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Patent Renewal in India

Updated:2018-9-30 12:15:46    Source:www.tannet-group.comViews:176

Patent renewal in India is required by India’s Patent Act which mandates patent holders to pay renewal or maintenance fee for keeping their patents in force for the entire term. When a patent is granted for an invention in India, the next vital step is to ensure that it is renewed regularly and unceasingly. As per the Indian Patents Act, 1970, a patent is granted for a period of 20 years (Section 53(1)) from the date of filing the ordinary application or convention application. However, for patent applications entering national phrase in India through PCT route, the term of patent is calculated from the dare o filing of the international application.

The first renewal fee is payable before the expiration of the second year of the patent, which is essentially the start of the third year of the patent. Subsequently, the renewal fee is paid before the expiration of the previous year of the patent. For example, the renewal fee for the 7th year would be payable before the expiration of the 6th year of the patent.

Patent Renewal Fee Structure in India
A detailed structure of the patent fee renewal is given below:

In the case of non-renewal, the patent ceases to exist and is passed on to the public domain. This means that a patent holder cannot take legal actions against a third individual who exploits the benefits of the patent during the period when the patent stops to exist.

For those who fail to make the payment within the prescribed period, there are two ways to reinstate the patent to request a six-month extension by paying a late fee, or to file for the restoration of the lapsed patent, which is a relatively complex, time-consuming, and expensive process.

Tannet offers patent services according to client's needs and budgets with rich experience and expertise. We have a team of highly skilled and experienced local professionals. In addition to patent, we can also help you in company formation and trademark registration in India.

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