Renewal, lapse and restoration
The most avoidable way to lose a valuable Indian patent.
Renewal fees keep a granted patent alive. They are payable before the expiry of the relevant year, with a limited extension available on payment of the prescribed additional fee.
If the renewal is not paid within the extended period, the patent ceases. It does not die quietly — the cessation is advertised, and third parties can rely on it.
Restoration is possible, but only within the statutory window and only if the failure to pay was unintentional. Anyone who began working the invention while the patent was lapsed keeps protection for what they had already started.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 45Date of patent
- 53Term of patent
- 55Term of patents of addition
- 60Applications for restoration of lapsed patents
- 61Procedure for disposal of applications for restoration of lapsed patents
- 62Rights of patentees of lapsed patents which have been restored
- 111Restriction on power of court to grant damages or account of profits for infringement
- 141Determination of certain contracts
Missed a renewal, or worried you might?
MYCrave Consultancy & Services handles this work every day — 22,000+ IP applications filed for 11,000+ clients across India.