How to renew an Expired Patent in India? – Overview

AdIt is compulsory to renew the patent every year; if the patent is not renewed, it will be ceased, and it will come under the public domain. In India, the renewal of patent for one year is done through filing the renewal application. The fee for a patent renewal is payable at the end of the 2^nd year from the date of patent registration. In case the renewal fees are not paid within the due date, then the patent gets ceased to effect, and it can only be restored by filing a restoration application in the Form-15 within 18 months from the date which the patent has expired. However, the decision of patent restoration depends on the controller's decision. Scroll down to check more information regarding the fee structure and the process of Patent Renewal in India.

In India, the restoration of lapsed is available, provided that the failure of payment was unintentional. If you know that a fee is due, you should never fail to pay it on the basis that you can reinstate the case in future, this fall within the explanation of unintentional.

Before the expiration of the related year, the payment of the patent renewal fees must be completed to the Indian Patent and Trademark Office Database. It means if the patent renewal fee for 4^th year has to be paid before the expiration of 3^rd year from the date of the patent. According to the Indian Patents Act, the patentee can pay the renewal fees in advance for two years or more.

For the repayment of a patent renewal fee, the patentee has to mention the patent number, date of the patent and therefore the year concerning the renewal fees is being paid.

In the case of an addition patent registration in India, then it is not required to pay the renewal fee, and the schedule for the fee payment remains the same as of the most patent. But in case the addition of patent becomes an independent patent, it shall follow the rules of a regular patent. There is an extension of 6 months if the applicant or patentee pays the described penalty fee for the renewal of patent. If the payment of a fee for the patent renew is not paid within six months of the extension period, then the patent will get ceased, and it will come under the public domain.

If the patent is granted later than two years from the date of application filing, then the payment of the pending fee must be made within three months of the period from the date of the patent granted as stated in the patent register.

Following is the process for renewal of an expired patent in India:

• The restoration of an expired patent is done by filing a restoration Patent application in the Form-15 within 18 months from the date which the patent has expired. Only a legal representative of the patentee or the patentee has the right to fill the application form.
• The application should state the circumstance under which the patentee fails to pay the fee before the due date. The statement has to be supported by the evidence and reasons for such type of delays along with the documents.
• The evidence should support the claim of the patentee that the failure of payment was unintentional, and there is no undue delay in applying for restoration of the patent.
• The controller of the patent can also call for further evidence of the same if they are not satisfied with the evidence.
• If the controller of a patent is not agreed that a prima facie case for the restoration of the patent has been made out, then the applicant must be notified. The applicant of the patent has the choice to present his reasons for restoration within one month. In case the applicant does not present within one month of period, then restoration application can be refused.
• Before the patent expired, if the applicant or patentee failed to change the name, then they must apply first for modification of name under Rule 94.
• If they change the name after the patent gets expired, then they are required to prove their identity.
• Remember the financial problem of the patentee is not considered as a failure of payment of a fee.

• You can check the fees for an expired patent during E-filings from the table mentioned below:

• Physical Filing for Patent Renewal: In case of physical filing, it includes the above fees plus 10% are as follows – Late fee for Patent Renewal (during 6 months of extension period).

Patent renewal is essential for enhancing the duration of your patent. The patentee should not miss the deadline for the renewal of patent and thereby enjoy the benefits from it for an extended period. Also, the patentee must understand that it is essential to renew the patent regularly; otherwise, the remedies available are expensive. In India, the maintenance of patent renewal is necessary for the lifetime of the patent.