To keep a patent in force, it is mandatory that an applicant indulge himself in the patent renewal process. Once you have received a patent grant, you must ensure to constantly renew it throughout the life of the patent. The lifetime of a patent is 20 years. The Indian Patent Act provides various methods through which an applicant can renew the patent.
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What is the Patent Renewal Process in India?
Once the applicant gets the patent grant, it is his/her responsibility to renew the patent frequently. The applicant can renew this patent by paying a meager patent renewal fee to the Indian Patent Office. This is done during the lifetime of a patent which is 20 years. The payment to the Indian Patent Office is done in a specific way.
For a better understanding of it, let’s take an example – The applicant needs to pay the patent renewable fee for 3rd year before the expiration of 2nd year. Thus, if you want to pay the renewal fee for the 5th year, you need to pay the fee before the expiration of the 4th year. Also, the Indian Patent Office allows the patent owners to pay a fee in advance for two or more years.
For those who can’t pay the Patent renewal fee, the applicant can get a 6-month extension. The applicant gets the extension only by paying a penalty fee. If the applicant fails to submit the renewal fee, the patent will cease to exist. It will be available for the public domain. Thus, the patent owner will not be able to take legal action against the same.
While we are at it, another important point to remember is that if the patent is granted 2 years later than the date of filing, the applicant will have to pay the pending fee. The patent owner can pay the pending fee within the 3 months from the date of the patent grant.
What will you need during Patent Renewable Process?
The procedure to renew the patent is simple and convenient. It does not involve any complexities. To make a renewal process request, the applicant will need to have a patent number, date of the patent. In addition to that, the applicant will have to mention the year for which he/she is paying the fee.
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Patent Renewal Process – Fee in India
Now that we know the patent renewal process in India, let’s take a look at the fee for the same. The applicant should pay patent renewal fee as mentioned above.
|For Patent Year||Small Entity Renewal Fee||Individual||General Renewal Fee|
If physically filed:
|For Patent Year||Individual||Small Entity Renewal Fee||Standard Renewal Fee|
The fee for physical filing includes fee for e-filing along with 10 percent additional late fee during the 6 months extension period.
Late Payment Fee
If a person fails to pay the patent renewal fee, he/she can request a six-month window for paying the patent renewal fee. The person will have to pay additional money which further depends upon the type of entity that holds the patent. Take a look at the late payment fee for completing the patent renewal process:
|Mode of filing||Natural Person||Small Entity||Large entity|
|E-filing||480/- per month||1200/- per month||2400/- per month|
|Physical filing||528/- per month||1320/- per month||2640/- per month|
Why You Should Hire PTE for Patent Renewal Process?
PTE is one of the leading companies that has been assisting clients in the patent renewal process. Our team of experts helps businesses in renewing patents, which is mandatory to keep the patent in force, before the deadline. With industry-leading experts, our team brings knowledge and expertise that ease the entire process of renewing the patent. Our Patent Renewal services are up for grabs at economical and cost-effective prices.
To know more about our services, get in touch with us or click here.