Patent Annuity & Patent Renewal In India
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 of the ordinary application or convention application. However for patent applications entering national phase in India through PCT route, the term of patent is calculated from the date of filing of the International Application, provided that the renewal fee is paid every year before the due date or within the extended period of maximum six months [Rule 80 (1A)].
Maintenance of Patent – Renewal
As per Section 53, Rule 80 of the Indian Patents Act, in order to keep the patent in force, prescribed renewal fee is required to be paid in respect of each year (3rd year onwards) in advance (i.e before the expiration of the succeeding year) to the Indian Patent Office. For instance: The renewal fee may be paid before the expiration of the fourth year from the date of Patent for the fifth year in advance and so on.
In case the patent is granted later than two years from the date of filing of the application, the renewal fee that becomes due in the meantime has to be paid within three months from the date of recording of the patent in the patent register or within the extended period not later than nine months from the date of such recording
The said extension of time under Section 142(4) has to be filed in the prescribed form along with the prescribed official fees.
As per Rule 80 (2) of the Indian Patents Act, the patentee has to correctly quote the patent number, date of patent and the year in respect of which the renewal fee is being paid, in the renewal payment request.
Indian Patents Act allows the payment of renewal in respect of 2 or more years in advance.
It is pertinent to note that in the case of patent of addition, no renewal fee is payable as long as the main patent (parent patent) remains in force. However, if patent of addition becomes an independent patent, the same fee shall be payable upon the same dates as if the patent has been originally granted as an independent patent.
For further information on patent filing fees, forms and annuity fees for patents in India, please access the link:Patent Forms and Fees
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