How to renew patent registration: Process and Fees

Introduction

A patent is granted for twenty years from the filing date of the Convention or Ordinary Application under the Indian Patents Act, 1970. The continuation of the patent depends on its renewal. For a patent to remain in effect, its owner needs to make sure that it is routinely renewed. Prior to the expiration of the applicable year, renewal payments should be paid to the Indian Patent Office. The Indian Patent Office offers several options and ensures the renewal and restoration of patents. In this article we will be discussing all about the process to Renew Patent Registration and the fee structure for Patent Renewal in India.

What is a Patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get Patent Registration, technical information about the invention must be disclosed to the public in a patent application; both natural persons and corporate entities may apply for a patent.

The grant and enforcement of patents are governed by national laws, and also by international treaties. The exclusive right granted to a patentee in most countries is the right to prevent others, or at least to try to control others, from commercially making, using, selling, importing, or distributing a patented invention without permission.

What is the procedure for Patent Renewal?

The procedure for renewing a patent in India is as follows:

• The Restoration of an Expiring Patent in Form-15 should be filed within 18 months of the date the patent expired.
• The circumstances under which the patent holder was unable to pay the renewal fee within the allotted timeframe should be indicated in the patent application. The claim should be supported by documentation demonstrating the cause of the payment delay for the renewal charge.
• The evidence should support the Patent owner’s allegation that the failure to pay the fee was inadvertent, and that there was no needless delay in applying for the Restoration of the Patent.
• In the case that the proof presented is insufficient, the Patent Controller may also request additional evidence.
• The applicant should be informed if the Controller disagrees that it is an evident restoration situation. If the applicant fails to provide his restoration-related justifications within one month, the application for patent restoration may be rejected. The applicant has one month to do this.
• According to Rule 94 of the Indian Patents Act, the patent holder must submit an application for name modification first if they failed to file for a name change before the patent’s expiration.
• If the patent holder changes the name after expiration, they must provide identification.
• The failure to pay the renewal fees on time will be justified by a bankruptcy that makes it physically impossible to do so and makes the patent owner’s financial situation ineligible as a reason for payment.

What is the Fee Structure for Patent Renewal in India?

The fee structure for Patent Renewal in India is given in the table below-:

Conclusion

The process to renew the Patent Registration for an expired patent is a relatively difficult, expensive, and time-consuming operation. To renew an expired patent, the patent holder must submit Form 15 within 18 months of the expiration date. According to the Patent Act, the Patent Controller can grant a one-month extension. The owner must submit this form together with a fair amount and supporting documentation to show that failing to pay the patent renewal cost was a mistake. A letter, a deed, or a copy of documents are all acceptable forms of evidence.