Patent Renewal Fees in India: Due Dates, Fees and Restoration

Getting a patent granted is not the end of the patent process. The patent owner must continue paying renewal fees to keep the patent active.
These payments are also known as annual patent fees, patent maintenance fees or patent annuity fees. If the renewal fee is not paid within the allowed time, the patent will stop having legal effect.
In some cases, a lapsed patent can be restored by filing Form 15. However, restoration is not automatic. The patent owner must explain why the payment was missed and satisfy the Controller that the failure was unintentional.
This article explains patent renewal fees in India, payment deadlines, late-payment options and the process for restoring a lapsed patent.

What Is Patent Renewal?

Patent renewal means paying the prescribed government fee to keep a granted patent active.
A patent does not remain active for its full term merely because it has been granted. Renewal fees must be paid for each year from the third year onwards.
If the fee is paid correctly and on time, the patent continues to remain in force. If it is not paid, the patent may cease to have effect. Rule 80 of the Patents Rules governs the payment of renewal fees.

How Long Is a Patent Valid in India?

A patent in India is generally valid for 20 years from the filing date of the patent application.
For a PCT national-phase application, the 20-year term is counted from the international filing date.
The term is counted from the filing date, not from the date on which the patent is granted. Therefore, where examination and grant take several years, a part of the 20-year term may already have passed by the time the patent is granted.

When Do Patent Renewal Fees Start?

There is no renewal fee for the first and second years of the patent.
The first renewal fee is payable for the third year. It must normally be paid before the end of the second year from the patent’s filing date.
After that, a renewal fee is payable every year until the patent reaches the end of its 20-year term.

Simple Example

Suppose a patent application was filed on 10 August 2024.
The renewal fee for the third year will normally become due before 10 August 2026.
The renewal fee for the fourth year will then become due before 10 August 2027, and the process will continue each year.
However, many patents are granted after the first few renewal fees have already become due. A separate rule applies in such cases.

What Happens When the Patent Is Granted After Two Years?

In India, patents are often granted more than two years after the filing date. By the time the patent is granted, renewal fees for several earlier years may already be due.
Section 142(4) allows these accumulated renewal fees to be paid within three months from the date on which the patent is recorded in the Register of Patents.
This period may be extended, but the total period cannot go beyond nine months from the date of recording. The extension request must be filed in Form 4 with the prescribed monthly fee.

Example of Renewal Fees Due After Grant

Suppose an application was filed in 2021, but the patent was granted and recorded in 2026.
Renewal fees for the third, fourth, fifth and possibly later years may already have become due.
The patentee does not need to pay those fees before grant. After the patent is recorded, the accumulated fees must be paid within the allowed three-month period, or within the extended period where properly requested.

Patent Renewal Fee Chart in India

The government fee depends on:

• The year of the patent;
• The type of patentee; and
• Whether payment is made electronically or physically.

The current e-filing renewal fees are:

Physical filing carries a higher fee. The corresponding physical fees are ₹880, ₹2,650, ₹5,300 and ₹8,800 for the lower-fee category, and ₹4,400, ₹13,200, ₹26,400 and ₹44,000 for other applicants.

Government fees may change. The current First Schedule should always be checked before making payment.

Can Renewal Fees Be Paid in Advance?

Yes. Renewal fees for two or more years may be paid in advance.
Where renewal fees for at least four years are paid in advance through electronic filing, a 10% reduction is available on those renewal fees.
Advance payment may be useful where the patent owner wants to avoid yearly deadlines or maintain the patent for a fixed future period.

Before paying several years in advance, the owner should consider whether the patent is still commercially useful. Renewal fees increase in the later years, so maintaining an unused patent may become expensive.

Can a Renewal Deadline Be Extended?

Yes. The normal renewal deadline may be extended by up to six months.
The patentee must file Form 4 and pay:

1. The unpaid renewal fee; and
2. The prescribed extension fee for every month of delay.
   Rule 80(1A) permits this six-month extension. The current e-filing extension fee per month is:

• ₹480 for a natural person, startup, small entity or educational institution;
• ₹2,400 for other patentees.

This is not an extra six months added automatically to every patent. The extension must be requested, and the required fees must be paid.

What Happens If the Renewal Fee Is Not Paid?

If the renewal fee is not paid within the normal period or the permitted extension period, the patent ceases to have effect.
Once the patent has ceased:

• The patentee cannot rely on the patent as an active legal right;
• The patented subject matter no longer receives protection under that patent during the lapse; and
• The Patent Office records may show the patent as ceased or lapsed due to non-payment.
  Section 53 states that the patent ceases when the renewal fee remains unpaid after the prescribed and extended periods.

Can a Lapsed Patent Be Restored?

Yes, a patent that ceased because of non-payment of renewal fees may be restored in suitable cases.
The patentee or legal representative must file an application for restoration in Form 15.
The application must be filed within 18 months from the date on which the patent ceased to have effect. Missing this 18-month period may prevent restoration under Section 60.

Main Conditions for Restoration

Restoration is not granted simply because the owner is willing to pay the missed fees.
The applicant must satisfy the Controller that:

• The failure to pay the renewal fee was unintentional; and
• There was no undue delay in filing the restoration application.
  Form 15 must include a clear and verified statement explaining the circumstances that caused the missed payment. The Controller may also ask for further documents or evidence.

Useful evidence may include:

• Records showing an administrative error;
• Communication with the patent agent or renewal service provider;
• Medical or emergency records, where relevant;
• Company records showing changes in management;
• Evidence of incorrect docketing or deadline entry;
• Proof that the owner acted quickly after discovering the lapse.

A general statement such as “the deadline was missed by mistake” may not be enough. The explanation should be complete, honest and supported by documents.

Step-by-Step Process for Restoration

Step 1: File Form 15

The patentee or legal representative files Form 15 with the restoration fee and a detailed statement explaining the missed renewal payment.

Step 2: Controller Reviews the Application

The Controller checks whether a prima facie case for restoration has been made.
If the Controller is not satisfied, the applicant is informed. The applicant may request a hearing within one month from that communication.

Step 3: Restoration Application Is Published

Where the Controller is satisfied that the failure appears to have been unintentional, the restoration application is published.

Step 4: Opposition Period

Any interested person may oppose the restoration within two months from publication by filing Form 14.
The opposition may be based on the ground that:

• The failure to pay was not unintentional; or
• There was undue delay in filing the restoration application.

Step 5: Controller Gives a Decision

Where no opposition is filed, or the opposition is decided in favour of the patentee, the Controller may allow restoration.

Step 6: Pay Unpaid Fees

After restoration is allowed, the patentee must pay:

• All unpaid renewal fees; and
• The prescribed additional restoration fee.
  These payments must be made within one month from the Controller’s restoration order.

Government Fee for Form 15

The current e-filing fee for a restoration application in Form 15 is:

• ₹2,400 for a natural person, startup, small entity or educational institution;
• ₹12,000 for other patentees.
  If restoration is allowed, the additional restoration fee is:
• ₹4,800 for the lower-fee category;
• ₹24,000 for other patentees.
  These amounts are separate from the unpaid renewal fees. Physical filing carries a higher fee.

What Happens to Third Parties During the Lapse?

Restoration does not always place the patentee in exactly the same position as if the patent had never lapsed.
The Controller may impose conditions to protect a person who began using the invention, or took clear steps to use it, during the period between the patent’s lapse and publication of the restoration application.
The Act also states that no infringement proceeding can be started or continued for an act committed between the date the patent ceased and the date the restoration application was published.

This is why missing a renewal deadline can cause serious commercial damage even where the patent is later restored.

Common Patent Renewal Mistakes

Patent owners often face problems because they:

• Calculate the term from the grant date instead of the filing date;
• Forget that old renewal fees become payable soon after a delayed grant;
• Fail to update the patentee’s email or address;
• Depend only on one reminder;
• Pay the wrong fee for the patent year;
• Claim startup or small-entity fees without maintaining proper status documents;
• Ignore the six-month extension period;
• Discover the lapse after the 18-month restoration deadline;
• Provide a weak or unsupported explanation in Form 15.
  A proper patent docket should record the filing date, grant date, next renewal deadline, applicant category and payment history.

How to Track Patent Renewal Deadlines

Patent owners should:

• Maintain a central deadline sheet;
• Set reminders several months in advance;
• Check the Patent Office e-register after payment;
• Save the payment receipt and renewal certificate;
• Update changes in ownership and address;
• Review each year whether the patent still has commercial value;
• Appoint a responsible person or patent professional to track the deadline.
  After receiving a renewal payment, the Controller records the payment in the Register of Patents and issues a renewal certificate.

Conclusion

A granted patent must be maintained through timely renewal payments. Renewal fees begin from the third year and continue until the twentieth year.
Where a patent is granted after several years, the accumulated renewal fees must normally be paid within three months from the date of recording of the patent. The annual deadline may be extended by up to six months through Form 4.
If the payment is still missed, the patent ceases to have effect. Restoration may be requested through Form 15 within 18 months, but the patentee must show that the failure was unintentional and that there was no undue delay.
Need help with patent renewal or restoration of a lapsed patent? IPHelm provides professional support for renewal-fee tracking, Form 4 extension requests, Form 15 restoration applications and proceedings before the Indian Patent Office. Contact us early to avoid the loss of valuable patent rights.