Renewals, Restoration, Recordals
Renewal
- Renewal fees are payable only after a patent is granted in India.
- Accumulated annuities from the PCT filing date until the grant must be paid within three months of grant.
- Subsequent annuities must be paid annually for up to 20 years to maintain the patent.
- The annuity due date is based on the PCT/International filing date.
- Patent term cannot be extended beyond 20 years.
Restoration
- If a patent lapses due to unintentional non-payment of annuities, restoration is possible.
- A formal restoration request must be filed within 18 months of the missed deadline, along with fees and a
statement explaining the lapse.
- Some Patent Controllers require this statement in the form of an Affidavit notarized by the patentee.
- All due annuities must be paid within one month of receiving the Patent Office’s restoration directive.
Recordal
The following changes can be recorded for patents:
- Change of name or address of the applicant/patentee.
- Ownership transfer through merger or assignment (for pending or granted patents).
- Addition or deletion of an applicant or inventor (for pending applications).
- Correction of proprietorship or inventorship details (for granted patents).
- Recordal of license agreements (for granted patents).
