Rule 86 of the Patents Rules, 2003
Payment of unpaid renewal fees
Requires the unpaid renewal fees and additional fee to be paid before a restored patent is finally revived and recorded.
Official legal text
The verbatim statutory text of this provision is reproduced from the official source and checked by our legal reviewer before it is published here. Until that check is complete for this page, read the exact wording directly from the official source linked below — it is the only version that governs.
Nothing here replaces the statute. The official wording of the provision, together with any Gazette notification that applies to it, governs. This page only explains that material in ordinary language.
What this rule requires, step by step
Winning a restoration order is not the last step. Rule 86 deals with the money. Once the Controller decides in favour of restoration, the patentee must pay the renewal fees that were never paid, together with the additional fee the First Schedule prescribes for late payment, within the short period the Rules allow after the order.
The logic is simple. A patent stays in force because its owner keeps paying to keep it in force. Restoration puts the patent back into the same position it would have been in if the fee had been paid on time, so the arrears must be cleared. The additional fee reflects that the office and the public had to deal with a lapse that should never have happened.
Timing is the trap here. Patentees who have fought hard for a restoration order sometimes treat payment as routine paperwork and let the period slide while they arrange funds or wait for internal approvals. If the payment is not made in the time allowed, the benefit of the order can be lost, and by then the eighteen-month window under section 60 may well have closed, leaving no second attempt.
Once payment is made, the restoration is recorded and notified so the register and the public record reflect that the patent is in force again. From that point the ordinary renewal cycle resumes, and the next renewal falls due in the normal course. It is worth resetting the internal reminder system at this stage, because a patent that has lapsed once usually lapsed because of a weakness in that system.
Why this rule matters
Patentees who have obtained a restoration order, and their agents and finance teams who must release the payment.
Immediately after the Controller decides in favour of restoring the patent.
An obligation to clear all unpaid renewal fees with the prescribed additional fee within the time allowed, as the condition for actual revival.
The restoration order can lose its effect, and with the statutory window usually closed by then the patent may be lost for good.
How it works in practice
An order won, then nearly lost at the payment stage
Lumen Optics Pvt Ltd of Nagpur obtains an order restoring its patent on a fibre alignment jig after showing that the renewal fee was missed when its accounts software was migrated. The order arrives during the company's annual audit. The patent manager assumes the arrears can be paid along with the next quarter's IP budget and sets the file aside. Two weeks before the payment period ends, the company's external agent runs a routine deadline check and flags that all the unpaid renewal fees, plus the additional fee prescribed in the First Schedule, must be paid within the short period fixed by the Rules from the date of the order. The agent escalates to the finance director, an emergency approval is issued, and the payment goes through with days to spare. The restoration is recorded and the patent is back in force. Lumen then moves its renewals to a docketing service with dual reminders, because a second lapse would almost certainly be fatal.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- A restoration order takes full effect only when the unpaid renewal fees and the additional fee are paid.
- Payment must be made within the short period the Rules allow after the Controller's order.
- The amounts are those prescribed in the First Schedule, which is revised from time to time.
- Restoration is recorded and notified once payment is complete.
- The normal renewal cycle resumes afterwards, so the next due date must be diarised at once.
Common mistakes and misunderstandings
- Treating the restoration order as the finish line. Without payment in time, the order does not deliver a live patent.
- Budgeting for only the missed year. All renewal fees that fell due and remain unpaid must be cleared, with the additional fee.
- Failing to fix the underlying renewal process, which is what caused the lapse in the first place.
Connected provisions
Rules are made under the Act, not alongside it. That is why the connected sections appear in a block of their own. Reading the section tells you why the procedure exists, and reading the rule tells you the steps, forms and periods that put it into effect.
Forms, deadlines and fees
- The unpaid renewal fees and the additional fee must be paid within the short period fixed by the Rules from the date of the Controller's order, currently one month. Confirm the exact period against the Rules in force.
- The next ordinary renewal continues to fall due on its normal anniversary and is not postponed by the restoration.
Open the deadline calculator — and have every date confirmed against the current Rules before you rely on it.
We do not publish fee amounts. The First Schedule sets them, and they differ by category of applicant, such as a natural person, a startup, a small entity or another applicant, and by the mode of filing. Check the Schedule currently in force before you calculate anything. How Indian patent fees work.
Related judgments
This part of the page is reserved for summaries of decided cases. They are added one at a time, after review by a person qualified to confirm that the summary matches the judgment. Nothing has been cleared for this provision so far, so there is nothing to show. How case notes are prepared.
Questions people ask about Rule 86
What do I have to pay when my patent is restored?
You must pay every renewal fee that fell due and was not paid, together with the additional fee prescribed for late payment. The amounts come from the First Schedule to the Patents Rules, which is revised from time to time and carries different rates for natural persons, startups, small entities and other applicants. Because the schedule changes, check the current fee page or the Patent Office site rather than relying on an old figure.
What happens if I miss the payment period after a restoration order?
The practical answer is that you can lose the benefit of the order. Restoration is conditional on clearing the arrears in time, and by the time an order is passed the eighteen-month window under section 60 has often expired, so a fresh application is usually not possible. Treat the payment period as a hard deadline. Get internal financial approval before the order is expected, not after it arrives.
Does the register show that my patent was restored?
Yes. Once the payment is made, the restoration is recorded and notified, so anyone inspecting the register or the public record can see that the patent lapsed and was later restored. This history is not a defect, but it is visible during due diligence in a licensing deal or an acquisition. Buyers often ask about it, so keep the restoration papers and proof of payment with your patent file.
Restoration ordered? Clear the arrears correctly.
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