Renewal Procedure and Patent Renewal Fees at the Indian Patent Office
An informational summary of the patent renewal rules in place for Indian patents.
Renewal Years
Renewal fees are only payable on an Indian patent once it has been granted. The first time renewal fees become due is the second anniversary of the patent’s filing date, at which point the fee for the third year is due.
Since renewal fees are not due before grant, even if the second anniversary passes whilst the patent is still in the application stage, no fee is payable. However, the fees accumulate as their due dates pass and when the patent is granted, the total of the accumulated fees becomes due. Your patent attorney will normally take responsibility for this first multi-renewal payment as part of the granting process.
Subsequent fees must be paid annually in advance of the year to which they relate.
Renewal Dates & Payment Windows
The renewal fee becomes due on the anniversary of the patent’s filing date and must be paid by that day – not by the end of the month containing that day.
Payments for future renewals can be made in advance.
Entity Types
There are three types of ‘entity’ that are considered distinct under Indian patent law. The addition of a ‘Small Entity’ was new in the 2014 Patent Rules. Previously existing categories are ‘Natural Persons’ and ‘All Others’.
A Natural Person is an individual. This category receives that largest discount on fees.
A Small Entity is a company that falls below the upper limit of certain criteria defining businesses in the Micro and SME Development Act 2006. In summary, to qualify, a service industry business must have invested less than INR 50,000,000 (approximately USD 82,000) in equipment, and a manufacturing business must have invested less than INR 100,000,000 Crore (approximately USD 1,636,000). Further details can be found in the public notice announcing the new rules (in English), and otherwise in the Gazette. If this status is accorded to a patent applicant or proprietor, a significant fee discount also applies, as detailed below.
The final category for fee purposes is a catch-all. All other companies pay standard fees.
Proof of entity status (along with official Form 28) must be submitted in order to claim any discounts.
Electronic Filing
Electronically filed payments and documentation are now expected to be the standard. As such, and to encourage further use of electronic systems, the Indian patent office have allowed an additional 10% to be added to their fees for any non-electronic transactions.
Late Payments
There is a six month window after the due date in which it’s still possible to make a renewal payment and prevent the lapse of the patent. Additional fees are charged by the patent offices. These increase with each month the payment is late and depend on both the type of entity that holds the patent and how the payment is made.
Fees are in Indian Rupees (INR).
| Additional late fee (e-filing) | |
|---|---|
| Natural Person | Large Entity |
| 480 | 2400 |
| Additional late fee (physical filing) | |
|---|---|
| Natural Person | Large Entity |
| 528 | 2640 |
Restoration of Lapsed Patents
There is an eighteen month period after the date of lapse in which it may be possible to restore a patent into force. It must be proven that it was not an intentional act to leave fees unpaid and it requires both the payment of further fees to the patent office and the expertise (and associated costs) of a suitably qualified patent attorney.
Renewal Fee Schedule
Fees listed are in Indian Rupees (INR).
If electronically filed:
| For Patent Year | Natural Person Renewal Fee | Standard Renewal Fee |
|---|---|---|
| 3 | 800 | 4000 |
| 4 | 800 | 4000 |
| 5 | 800 | 4000 |
| 6 | 800 | 4000 |
| 7 | 2400 | 12000 |
| 8 | 2400 | 12000 |
| 9 | 2400 | 12000 |
| 10 | 2400 | 12000 |
| 11 | 4800 | 24000 |
| 12 | 4800 | 24000 |
| 13 | 4800 | 24000 |
| 14 | 4800 | 24000 |
| 15 | 4800 | 24000 |
| 16 | 8000 | 40000 |
| 17 | 8000 | 40000 |
| 18 | 8000 | 40000 |
| 19 | 8000 | 40000 |
| 20 | 8000 | 40000 |
If physically filed:
| For Patent Year | Individual / Small Entity Renewal Fee | Standard Renewal Fee |
|---|---|---|
| 3 | 880 / 2200 | 4400 |
| 4 | 880 / 2200 | 4400 |
| 5 | 880 / 2200 | 4400 |
| 6 | 880 / 2200 | 4400 |
| 7 | 2640 / 6600 | 13200 |
| 8 | 2640 / 6600 | 13200 |
| 9 | 2640 / 6600 | 13200 |
| 10 | 2640 / 6600 | 13200 |
| 11 | 5280 / 13200 | 26400 |
| 12 | 5280 / 13200 | 26400 |
| 13 | 5280 / 13200 | 26400 |
| 14 | 5280 / 13200 | 26400 |
| 15 | 5280 / 13200 | 26400 |
| 16 | 8800 / 22000 | 44000 |
| 17 | 8800 / 22000 | 44000 |
| 18 | 8800 / 22000 | 44000 |
| 19 | 8800 / 22000 | 44000 |
| 20 | 8800 / 22000 | 44000 |