Patent Renewal Support — What to Get Right Before You Start
A granted patent is not a one-time achievement — it is a 20-year asset that must be actively kept alive through annual renewal fees, called annuities. Miss a single renewal deadline and your patent lapses, handing your invention to the public domain and to every competitor who was waiting for exactly that mistake. Under Section 53 of the Patents Act 1970, a patent lapses automatically the day a renewal fee falls due and is not paid — there is no notice requirement before lapse.
What This Actually Covers
A patent granted in India under the Patents Act 1970 has a term of 20 years from the date of filing of the application (Section 53(1)), but that term is not automatically maintained — renewal fees must be paid every year from the third year onward to keep the patent in force. Renewal fees for the 3rd and subsequent years fall due on the date corresponding to the expiration of the patent term calculated from the deemed date of patent (grant date/filing date depending on application type), and payment can be made in advance under Form 15 read with Rule 80 of the Patents Rules 2003. Unlike copyright or an unregistered idea, a patent is a use-it-and-pay-for-it right: the annuity structure is deliberately front-loaded to be inexpensive in the early years and increasingly expensive in the later years, so that only inventions genuinely worth defending remain in force for the full 20-year term.
For the full scope, current process and what PNPC includes, see the dedicated Patent Renewal Support service page.
Is This Relevant to Your Business?
- You hold one or more granted Indian patents and are past year 2 of the patent term — renewal fees become payable from year 3 onward
- Your patent portfolio has grown beyond a handful of patents and manual tracking of due dates across different filing dates has become error-prone
- Your company's entity status has changed since the patent was filed — for example, DPIIT startup recognition has lapsed, or turnover has crossed the Udyam small-enterprise threshold — affecting the applicable renewal fee category
- You are approaching an investor round, acquisition, or licensing deal and need to demonstrate that your entire patent portfolio is in good standing with no lapsed or restoration-pending patents
When It Isn't the Right Fit
- Your patent application has not yet been granted — renewal fees apply only after grant; a pending application needs prosecution support (examination response, hearing), not annuity management
- You are still within the first two years after the deemed date of patent — no renewal fee is payable for years 1 and 2 under the current fee schedule
- Your invention is no longer commercially relevant and you have made a considered decision to let the patent lapse rather than continue paying annuities — in that case no renewal action is needed, though PNPC can advise on the decision itself
Common Questions
What is a patent annuity, and how is it different from the fee I paid when the patent was filed or granted?
The filing fee and examination-related fees are one-time costs paid to get the application processed and granted. The annuity (renewal fee) is a recurring fee paid every year from the 3rd year of the patent term onward, under Section 53 of the Patents Act 1970 and Rule 80 of the Patents Rules 2003, to keep the granted patent legally in force for its full 20-year term. No renewal fee is payable for years 1 and 2. Missing an annuity payment does not just risk a penalty — it causes the patent to lapse entirely, forfeiting the invention to the public domain.
What happens if I simply forget to pay a renewal fee on the due date?
Nothing happens automatically to alert you — the Patent Office does not send a mandatory advance reminder before a renewal falls due, and the patent does not lapse instantly either. A 6-month grace period is available under Section 53(2) read with Rule 80(1A), during which you can still pay the renewal fee along with a prescribed additional fee for late payment. If the fee is still not paid by the end of that 6-month window, the patent lapses and the invention effectively becomes free for anyone to use.
Can a lapsed patent be revived, and how much time do I have to try?
Yes, through an application for restoration under Section 60 of the Patents Act 1970, filed on Form 15A within 18 months from the date the patent lapsed. The Controller of Patents must be satisfied that the failure to renew was unintentional and that there was no undue delay in applying for restoration. Restoration is discretionary — it is not automatic simply because you apply within the window — and the application is published, giving third parties an opportunity to oppose it.
Where PNPC Fits In
Speak with a PNPC Chartered Accountant before your next renewal falls due. We will independently verify your patent's deemed date, confirm your entity category against current DPIIT/Udyam records, and give you an honest, written assessment of your renewal position — including whether any patent in your portfolio is already inside its grace period.
PNPC Global has advised Chennai, Bangalore and Hyderabad businesses since 1986. Explore the full IPR practice for related services, or go straight to the Patent Renewal Support page for specifics.
Specific rates, fees, thresholds and deadlines are set by the relevant authority and change over time — this article deliberately does not quote figures that could go stale. Confirm current numbers directly with PNPC or the official source before you act.