Patent Renewal & Restoration

Patent Renewal 

In India the patent is granted for a period of 20 years. During this period the patent holder has to pay a renewal fees to the controller of the patent every year starting from 3rd year from the grant of patent. This fees has to be paid in advance.  

If the patent holder fails to pay the renewal fees/annuity, then the patent will cease to exist and the invention will fall into public domain. In other words, if the patent is not renewed every year, then people can use your invention without any legal risk.  

We at Delhi IP effectively manages IP portfolios of our clients and we ensure that the payment of renewal fees for the patents of our clients is made on time and thus we reduces the administrative burden from our clients. 

Patent Restoration 

As per the Indian Patents Act, if the patent holder fails to pay patent renewal fees, then his/her patent cease to exist and the invention falls into the public domain. This means that the public will be able to use his/her invention without any legal risk.  

So it’s really crucial to renew your patents. However, sometimes people unintentionally forgets to pay the renewal fees and lost their patent rights.  

In these circumstances, The Indian Patent Act, provides two ways for reinstating the Patents. These are: 

  • by requesting for six months extension for payment of annuity by paying late fee 
  • by filing an application for restoration of expired patent. 

The application for the restoration has to be filed within the period of 18 months from the date on which the patent fell into the public domain. In the restoration application the Patent holder has to proof that the failure to pay the restoration fees was unintentional and that there was no undue delay in filing application for restoration.  

After the filing of restoration application, the patent restoration application will be published and the patent office will give a chance to the public to oppose the application. 

If no one opposes the application, then upon the payment of unpaid renewal fee and other additional fees as prescribed, the controller will restore the patent. 

We at Delhi IP have patent agents who has extensive experience in reinstating the lapsed patents of our clients. We assists our clients in restoration of their lapsed patent by establishing that the payment of renewal fees was unintentional and that due care was taken in filing the application. Further we firmly assists our clients in defending their restoration application in case someone files the opposition. 

Translate »