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Patent Annuity and Patent Renewals Services in India Law Firm| Maintenance of Patent after Grant in India| Renewal of Granted Patent in India
To keep a patent in force, the renewal fees shall be payable at the expiration of the second year from the date of the patent or of any succeeding year and the same shall be remitted to the patent office before the expiration of the second or the succeeding year.
Further, renewal of a patent can be done beyond the due date in the extended period of six months from that date by filing Form-4 along with the prescribed fee. This period of six months is not extendable.
a. Where a patent is granted later than two years from the date of filing of the application, the fees which have become due in the meantime may be paid within a period of three months from the date of the recording of the patent in the register. The date of recording of patent in the register of patents is communicated to the applicant through a letter which accompanies the Certificate of Patent. The period for payment of renewal fees may be extended by a maximum of six months by filing Form-4 with the required fee.
b. If a patent is granted before the expiry of two years from the date of filing of application, the first renewal fee becomes due in respect of the third year. However, the renewal fee shall be paid before the expiry of second year. This period is extendable by maximum six months.
c. First Renewal fee for a patent becomes due in respect of the third year counted from the date of filing of application for patent. However, the renewal fee for third year has to be paid before the expiry of second year. For clarification, the renewal fee may be paid before the expiration of the fourth year from the date of Patent for the fifth year and so on.
d. While paying the renewal fee, the patentee shall quote correctly the patent number, date of patent and the year in respect of which the renewal fee is being paid. Any mistake in the above said particulars may lead to a lapse of patent.
e. For the Patent of Addition no renewal fee is required to be paid.
f. Annual renewal fee may be paid for 2 or more years in advance.
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