Securing a patent is a major milestone, but it is not the finish line. In India, a patent only remains in force if you pay annual renewal fees on time. Miss them, and your hard-won protection can lapse, leaving your invention free for competitors to use. Here is what every patent holder in India should know.
How long does an Indian patent last?
Under the Patents Act, 1970, a patent in India has a term of 20 years from the date of filing of the application. That full term is only available to you if the patent is kept in force through timely renewals.
When do renewal fees start?
No renewal fee is due for the first two years. Annual renewal fees become payable from the third year onwards, and continue each year up to the twentieth year. The fee for each year must be paid before the expiry of the preceding year — for example, the fee for the 5th year must be paid before the 4th year ends.
What if you miss a deadline?
- Grace period: A delayed renewal can still be paid within a six-month grace period, on payment of a surcharge (requested via the prescribed extension form). During this window your patent remains valid.
- Lapse: If the grace period passes without payment, the patent lapses and protection ends.
- Restoration: A lapsed patent may, in some cases, be restored by filing an application for restoration within 18 months of the date it lapsed — but this is an avoidable, costly detour.
Why renewals get missed
Most lapses are not strategic decisions — they are administrative slip-ups: a missed diary date, a change of address that meant a reminder never arrived, or a portfolio that simply grew faster than the tracking system. The cost of forgetting is far higher than the renewal fee itself.
How to stay protected
- Maintain a renewal calendar for every patent, mapped to the filing date.
- Track the whole portfolio in one place, with the due year and amount for each asset.
- Build in a buffer — aim to pay well before the deadline, not in the grace period.
- Keep your address for service current so official communications reach you.
IPVIGIL is an educational IP law blog. This content is for general informational purposes only and is not legal advice, solicitation or advertisement.