Patent Renewal And Restoration
A patent in India is valid for 20 years, after which the validity expires and the patented invention enters the public domain. However, the renewal system mandates the applicant/inventor to renew the invention after the second year of the patent grant expiry on an annual basis.
The Act clearly specifies the mechanism or system of renewal and what has to be done when. Sounds tricky and cumbersome, but nothing is above the law, and to preserve the protection, the protocol has to be followed.
Documents Required For Patent Renewal
Patent Renewal Procedure
Extension of Patent Renewal
Restoration of Expired Patents
In case of expiry due to non-renewal, the patent can be restored by filing a Form 15 within 18 months from its expiry date. The patentee is required to submit all relevant documents and evidence highlighting the reason for non-payment of renewal.
After consideration of facts and evidence, the Controller has ordered restoration. The decision for restoration is subject to the sole discretion 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.