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 2014-03-17, and the grant date of the patent is 2015-10-26, you will only have to settle the first renewal fee on the second anniversary (year 3) of the patent’s filing date on 2016-03-17. The next annuity (year 4) will be due for renewal on 2017-03-17 (on the anniversary of the 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 2014-03-17, and the grant date of the patent is 2020-10-26, 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 2021-01-26. The next annuity for year 8 will be due for renewal on 2021-03-17 (on the anniversary of the filing date).
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
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 years in order to extend the protection term of an additional 5 years. Renewal fees for the extension of the term are 2000.00 INR for individuals and SMEs; 8000 INR for others.
Starting from the 2nd anniversary of the filing date, patent renewal fees need to be paid annually to maintain a granted patent. For further clarification, please refer to the cost breakdown below.
The first renewal fee is paid after the patent has been granted in India.The first renewal of a granted patent is due on the second anniversary of the patent’s filing date. The renewal fee is intended to maintain the patent in force for the upcoming 3rd year.
For example, if the filing date of a patent is 2014-03-17, and the grant date of the patent is 2015-10-26, you will only have to settle the first renewal fee on the second anniversary (year 3) of the patent’s filing date on 2016-03-17. The next annuity (year 4) will be due renewal on 2017-03-17 (on the anniversary of the filing date).
Prior to a patent being granted in India, it falls into what is known as the filing stage. A patent in India is typically granted between two to four years from the filing date. You will only start paying renewal fees in India when the patent becomes granted.
The renewal fees can be settled anytime before the renewal fees are due. It is possible to pay the renewal fees in lump sum for the entire life of the patent as well.
There is a 6-month grace period given, whereby the renewal fees can still be settled. When entering this grace period, you will incur a penalty fee in addition to that of the initial annual fee for the corresponding year. The penalty fee for six-month extension increases with each month. The late fee is 480.00 INR for an individual owner, 1200.00 INR for a small entity and 2,400.00 INR for a large entity. Failure to settle this fee during the grace period will lead to the patent being expired.
You can either appoint a patent agent registered with the Intellectual Property Office of India. Alternatively, an applicant can also send renewal fees if one is a resident of India or has an address for service in India.
In order to maintain a patent in India, renewal fees need to be settled annually with the Intellectual Property Office of India. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. If you want to maintain the patent, the renewal fees are mandatory, if not paid the patent will lapse.
