How Can You Renew an Expired Patent?

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How Can You Renew an Expired Patent?

A patent is a form of intellectual property which comes with a 20 years validity period. Once the patent expires after 20 years, it is no longer protected. In other words, once your patent expires after 20 years, it cannot be renewed or patented again.

However, before the completion of 20 years, the patent owner must regularly get his patent renewed without fail. Section 53, Rule 80 of the Indian Patents Act clearly states that, in order to keep a patent in force, renewal fees must be paid as specified in the first schedule, at the second year’s expiration from the date of the patent or any succeeding year. The same must be remitted to the patent office before the expiration or the second or the succeeding year.

Indian Patents Act

This Act provides the rules and regulations for the patents in India. All the provisions for securing and restoring patents are stated under Indian Patents Act. To keep the patent in force/for patent renewal, a prescribed fee has to be paid by the patentee or any authorized person. However, in case of a lapsed patent, the application must be filed by either the patentee or his legal representative only. In case of failure to submit the renewal fee within the prescribed prescribed period or within the 6 months extendable period by requesting extension of time, the patent ceases to be valid or in force or lapses from the expiration date.

Payment of the Patent Renewal Fees

The renewal fee’s payment must be made to the Indian Patent Office before the relevant year’s expiration date. For instance, the payment of renewal fee for the 6th year must be made before the expiration of the 5th year from the date of the patent. Once the 2nd year expires, the renewal fee becomes payable from the date of the patent and every succeeding year. In addition to this, the patentee can pay renewal fee for 2 years or more in advance according to the Indian Patents Act.

For the renewal fee’s payment, relevant page numbers, date of the patent and the year for renewal fee being paid must be carefully checked by the patentee. For patent addition, renewal fee is not required to be paid. But for making the patent of addition an independent patent, the normal patent rules are applicable. If the prescribed penalty fee is paid by the patentee for renewal, he can avail an extension of up to 6 months. In case, the patentee fails to pay renewal fee within this period, he has to bid goodbye to his patent which ceases to exist and gets passed on to the general public domain. It is necessary to maintain that if a patent is granted later than 2 years from the date on which the application was filed, the pending fee payment must be made within 3 months from the date of the grant of the patent.

Patent Renewal Process Fees

On Electronic Filing

Mentioned below is the fee involved in the process of patent renewal according to the ‘Patent Year’. If the patentee fails to pay the fees within the prescribed time, he can seek for an extension up to 6 months, after paying penalty, but not more than that.

On Physical Filing 

Fees mentioned in the table above + 10% additional fee has to be paid in case of physical filing.

Patent Renewal Late Fee (during 6 months extension period)

If the patentee fails to submit renewal fees in a timely manner, he can seek 6 months extension for the same and pay the patent renewal late fee as mentioned in the table below:

Procedure to Restore a Lapsed Patent

In case of a lapsed patent, the following procedure must be followed:

• An application of patent restoration must be filed within 18 months within the date the patent ceases to have the effect. In such a condition, the patentee or legal representative has to make an application.
• If the fee is not paid in a timely manner unintentionally, evidence can be presented for the same, in the form of the document .
• Once the application has been submitted to the Controller of Patent, he will examine it and if he is satisfied that the failure to pay renewal fees was unintentional and there was no undue delay, the restoration application will get published in the official journal according to Section 61 of the Patent Act, 1970.
• In case, the Controller of the Patent is satisfied there is no case of restoration, he or she can issue a notice stating the same to the applicant. An appeal must be made by the applicant on hearing the matter within 1 month from the date of notice.
• After this, a hearing shall be held and the application of restoration will be disposed of by the Controller of Patent. This application will be refused if there is no appeal on the hearing within 1 month from the date of notice sent by the Controller of Patent.
• In case of rejection of the Restoration application, a speaking order is issued by the Controller of Patent.

Conclusion

During the period of the patent’s validity i.e., 20 years, the patent owner must regularly get it renewed without fail. Section 53, Rule 80 of the Indian Patents Act states that in order to keep a patent in force, renewal fees must be paid as specified in the first schedule, at the second year’s expiration from the date of the patent or any succeeding year. The same must be remitted to the patent office before the expiration or the second or the succeeding year. For assistance in patent renewal, connect with the Registrationwala team!

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