Patent

Patent Renewal

Overview

When a patent is granted for your invention it is important to renew it regularly. Renewal of patent can be done by the payment of Patent Renewal Fees during the lifetime of the patent i.e. 20 years. The fee is paid to the Indian Patent Office before the expiration of the term.

Features

  • Product and process both get the exclusive right of patent
  • A patent is valid for a term of 20 years
  • Both pre-grant and post grant opposition of appeals
  • Provision for protection of bio-diversity and traditional knowledge
  • Publication of applications after 18 months with facility for early publication

Advantages

  • It gives you the right to stop others from manufacturing, selling or importing your invention if you renew it on timely basis.
  • You can get protection for a pre-determined period.
  • Patents can be licensed for others to use it or you can sell it which is an important source of revenue for your business.

Disadvantages

  • Your patent right stands cancelled if patent is not renewed after specific time period.
  • Renewal of patent on mentioned time is necessary because markets may change or technology may overtake your invention if not done on time.
  • In case of non-renewal, patent ceases to exist and is passed on to the public domain.
To pay renewal fees

Firstly, the renewal fee is to be paid before the expiration of the second year of the patent, which is essentially the start of the third year of the patent.

No separate Form required

No different form is required for patent renewal. It can directly be paid by making request to the controller of patent.

No additional fees

No additional fee is to be paid except patent renewal fees.

Additional time period

The person who fails to renew patent on time can request a six month extension by paying a late fee.

No other common registration

The registration process is same as mentioned in the registration section.

FAQS

According to Patent Act in India, Chapter II, Section 3 of the Indian Patents Act states what is not considered an invention under the law and is therefore not patentable in India: • inventions being frivolous or contrary to public order, morality, public health, the environment, etc. • scientific discoveries • mere discoveries of new forms of known substances • methods of agriculture or horticulture • diagnostic, therapeutic and surgical methods for the treatment of humans or animals • plants and animals other than micro-organisms • mathematical or business methods or computer programs per se or algorithms • literary, dramatic, musical or artistic work or any other aesthetic creation • schemes, rules or methods of performing mental acts or methods of playing games • presentations of information • topography of integrated circuits • traditional knowledge • Inventions relating to atomic energy are not patentable either.
According to Section 3(k) of the Indian Patents Act, computer programs as such are not considered patentable subject-matter, but they may be protected under copyright law.
The term for patent protection is 20 years from the date of filing of the application.

List of Documents

  • Fee for Renewal
  • TM Renewal Application

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