Patent renewal is essential to extend the validity and exclusivity of its grant. A patentee must understand the procedures to renew the patent regularly to maintain its exclusivity for such an invention. The Indian patent Act explains the procedures to renew or restore your validity of the patent. The following steps ensure the renewal as defined under Sec. 53, Rule 80 of the Indian Patents Act states as follow
“To keep a patent in force, the renewal fees specified in the First Schedule shall be payable at the expiration of the second year from the date of the patent or of any succeeding year and the same shall be remitted to the patent office before the expiration or the second or the succeeding year.”
Patent Renewal Procedure
The patentee shall pay the fee as prescribed to renew the patent until the expiry after 20 years. The renewal fee could be paid on the expiry of the 2nd year from the date of the patent and on every succeeding year. At the same time, the patentee can also pay advance for his renewal fee for two years or more in accordance with the Indian Patents Act.
Extension of Patent Renewal
Patent Act further allows an extension of up to six months, if the patentee is ready to pay the penalty fee is paid for the patent renewal. If the renewal fee not paid within the period of extension, the patent will no longer be valid, and it could be passed on to the general public domain for anyone to use the invention.
Restoration of Expired Patents
An important fact is that if the patent granted within two years from the date of filing of the application, then the pending fee payments shall be paid within three months from the actual grant date of the patent mentioned in the patent register. In case of expiry due to non-renewal, the patent can be restored by filing a Form 15 within 18 months from the date of its expiry. The patentee should provide all the evidence which proves the reason for the non-payment of renewal few, the decision for restoration is solely dependent on the decision of the Controller.
The patentee must keep in mind the importance of regular fee payment for the patent renewal since the remedies of restoration of the patent are costly. Maintaining a patent renewal timeline is essential for the lifespan of a patent in India.