A patent has a validity of 20 years starting from the day of its filing. The patent is no longer in force legally after that. But in certain scenarios, this expiration may occur even before the completion of 20 years. This could be due to the not payment of maintenance fees/ annuity associated with it. When a patentee does not pay the renewal fee in the specified period of time. Furthermore, fails to pay the same within the extendable period of 6 months (on request of extension of time). The Indian Patent Act governs all the workings of the patent. Under this act, there is a provision for renewal of your expired patent.
Procedure to renew an expired patent
- An application of restoration, in form-15, must be filed within 18 months from the date on which the patent ceased to have an effect. The patentee or his/her legal representative has to make this application.
- The application has to state the circumstances under which, the patentee failed to pay the fee on time. You can support the statement using by evidence in the form of documents.
- The evidence must support the patentee’s claim that the failure of payment was unintentional and there has been no undue delay in applying for restoration of the patent.
- The controller may call for further evidence of the same if they deem the evidence unsatisfactory.
- In case, the Controller does not agree that a prima facie case for restoration has been made out, the applicant is so notified and unless the applicant states within one month that he desires to be heard, the application may be refused.
- If the patentee has failed to register a change of name before cessation, he/she must first apply for alteration in the register under rule 94.
- If he changes his name after cessation, he/she must prove their identity.
- The patentee’s financial inconvenience is not admitted as a ground of unintentional failure, but bankruptcy resulting in physical impossibility to pay is considered.