PATENT ANNUITY SERVICE
A granted patent is an invaluable asset for a patentee and to claim exclusivity and benefits, it is most important to keep the patent valid and subsisting. It is most essential and imperative to pay annuity/renewal fees periodically to keep the hard-earned patent remains protected for its whole or desired term.
With the help of extensive experience and customized computer software, we manage and look after the annuity / renewal of patents, a database of which is updated regularly. We provide patent renewal/annuity services for small to large portfolios efficiently and in the most cost-effective manner so as to generate best of the value out of the patent.
Frequently Asked Questions
In India Patent rights are governed by Patent Act, 1971 and Rules thereunder.
The term of a Patent is 20 years from the date of filing of Patent application. The due date is called Date of Patent. Date of Patent is the actual date of filing (provisional or complete specification, as the case may be) or date of priority whichever is earlier.
In case of PCT- National Phase applications where India is designated, the term of patent is 20 years from International Filing date under PCT.
No. In India, no annuity is payable to keep patent applications pending for grant. Payment of annuity becomes applicable only after grant of patent..
In India, no annuity is payable for the first 2 years of the term of Patent after its grant. Thereafter, annuity is payable annually to keep the Patent in force till the term of Patent is expired.
Annuity is payable every year on or before its anniversary date for the next year. Non-payment of annuity will result in invalidity of the Patent and patent rights.
A patentee has the option to pay annuity for each successive year or for multiple years.
Non-payment of annuity will result in an invalid Patent.
If a patentee misses to pay any annuity, a grace period of 6 (six) months are given after the due date to pay annuity along with additional fee.
If no annuity is paid within the grace period, the patent will cease to have any effect and no protection is conferred upon the patentee thereafter.
However, one more chance is given for revival / restoration of a patent if a request to restore the patent is filed stating any prima facie case / circumstances within a period of 18 (eighteen) months from the due date. If PTO is satisfied that the non-payment of annuity was unintentional, the application for restoration will be published giving an opportunity to others to file opposition against restoration. Procedure of opposition is specified in Sec 61 (2) of the Act. If no opposition is filed, PTO will ask to pay remaining annuity fees and additional (penalty) fees within a specified time. Upon payment, the patent will be restored.
Section 53 read with Rule 80 of the Patent Act, 1970 and Patents Rules, 2003 (as amended till date) are governing provisions for renewal of patents.
Sec 60 and 61 govern provisions relating to restoration of lapsed patents.
| PARTICULARS | GOVERNMENT FEES (INR) | ||
| INDIVIDUALS | SMALL ENTITY | LARGE ENTITY | |
| Before the expiration of 2nd year from the date of patent in respect of 3rd year; | 800 | 2000 | 4000 |
| Before the expiration of 3rd year from the date of patent in respect of 04th year; | 800 | 2000 | 4000 |
| Before the expiration of 4th year from the date of patent in respect of 5th year; | 800 | 2000 | 4000 |
| Before the expiration of 05th year from the date of patent in respect of 6th year; | 800 | 2000 | 4000 |
| Before the expiration of 6th year from the date of patent in respect of 7th year; | 2400 | 6000 | 12000 |
| Before the expiration of 7th year from the date of patent in respect of 8th year; | 2400 | 6000 | 12000 |
| Before the expiration of 8th year from the date of patent in respect of 9th year; | 2400 | 6000 | 12000 |
| Before the expiration of 09th year from the date of patent in respect of 10th year; | 2400 | 6000 | 12000 |
| Before the expiration of 10th year from the date of patent in respect of 11th year; | 4800 | 12000 | 24000 |
| Before the expiration of 11th year from the date of patent in respect of 12th year; | 4800 | 12000 | 24000 |
| Before the expiration of 12th year from the date of patent in respect of 13th year; | 4800 | 12000 | 24000 |
| Before the expiration of 13th year from the date of patent in respect of 14th year; | 4800 | 12000 | 24000 |
| Before the expiration of 14th year from the date of patent in respect of 15th year; | 4800 | 12000 | 24000 |
| Before the expiration of 15th year from the date of patent in respect of 16th year; | 8000 | 20000 | 40000 |
| Before the expiration of 16th year from the date of patent in respect of 17th year; | 8000 | 20000 | 40000 |
| Before the expiration of 17th year from the date of patent in respect of 18th year; | 8000 | 20000 | 40000 |
| Before the expiration of 18th year from the date of patent in respect of 19th year; | 8000 | 20000 | 40000 |
| Before the expiration of 19th year from the date of patent in respect of 20th year; | 8000 | 20000 | 40000 |
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*A SMALL ENTITY is determined in accordance with INVESTMENT IN PLANT AND MACHINERY / EQUIPMENTS BY A MEDIUM ENTERPRISES as defined in Sec 7(1(a) of Micro, Small and Medium Enterprises Development Act, 2006 (MSMD).
| INVESTMENT IN PLANT & MACHINERY | TURNOVER | Classification |
|---|---|---|
| Not exceeding Rs. 1 crore | Not exceeding Rs.5 crore | Micro |
| Not exceeding Rs.10 Crore | Not exceeding Rs.50 Crore | Small |
| Not exceeding Rs.50 Crore | Not exceeding Rs.250 Crore | Medium |
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#START UP means an entity recognised in India by competent authority as Start Up Enterprise.
Yes, upon successful payment of annuity, Patent Office (PTO) credits the fees and issues a certificate of renewal showing payment of annuity fee for the respective year. Only e-certificate is being issued by the PTO.