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Restoration of Patent  - How to Guide Last updated: December 17th, 2019 6:17 PM

Restoration of Patent - How to Guide

A patent is granted for term period of twenty years considered from the date of filing of the patent. According to section 53, Indian Patent Act, the patentee has to pay renewal fee up till the date of possession mentioned by the patent office. In the event of renewal/maintenance fees not paid by the patent holder within the prescribed time period of the Patent and Trademark Office, the patent will be lapsed. Renewal fee as specified in the first schedule is payable before the expiration date of the second year from the patent date in respect of the third year. Thereafter the renewal fee should be paid before the start of every succeeding year. However, this period can be made extendable by six months by requesting extension of time. During the pendency of the application of patent or if the patent has been granted after the expiry period of two years from the date of filling, the renewal fee has to be paid within a period of three months of the date of recording in patents registration or within the extended period but not later than a period of nine months from the recording date. Restoration of Lapsed Patents The Patents Act provides