How to Renew a Patent in India?
While a patent is in the pending application stage, no renewal fees are due. Once a patent is granted in India, you are obliged to pay a recurring renewal fee to the Intellectual Property Office of India to maintain the patent.The first renewal fee will be due annually starting from the second anniversary of the patent’s filing date upon the grant of the patent.
For example: if the filing date of a patent is 17/03/2014 and the grant date of the patent is 26/10/2015. You will only have to settle the first renewal fee on the second anniversary (year 3) of the patent’s filing date on 17/03/2016. The next annuity (year 4) will be due renewal on 17/03/2017 (from the anniversary of filing date).
In the event that the patent is granted more than two years after the date of filing, you will have to settle the renewal fees within three months from the grant of the patent. The renewal due date for all subsequent renewals will fall on the anniversary of the filing date.
For example: if the filing date of a patent is 17/03/2014 and the grant date of the patent is 26/10/2020. You will have to settle the first renewal fee starting from the second anniversary (year 3) to the sixth anniversary (year 7) of the patent until 26/01/2021. The next annuity for year 8 will be due renewal on 17/03/2021 (from the anniversary of filing date).
Renewal Fees by Intellectual Property Type
In India, there is one other type of intellectual property apart from patents, known as Designs. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that they can be renewed through us.
Intellectual Property type #1 - Designs in India
A national design right in India is valid for 10 years from the national filing date. Whereas for designs registered in India under the Hague Agreement, the design right is valid for 10 years from the priority claim date. Initially, a registered design is protected for 10 years. In order to maintain the protection beyond the initial 10 year period, one will have to pay renewal fees anytime before the expiration of the 10 year in order to extend the protection term of a further 5 years. The renewal fees for the extension of term is 2000.00 INR for individuals and SMEs; 8000 INR for others.
Written and Edited by Kumari Rupali Bansal & Christina Botes from the Patentrenewal.com team