Patent Renewal in India: Fees, Due Dates and Restoration
Patent renewal is the yearly fee that keeps an Indian patent in force. The first fee falls due in the third year from the filing date, and it repeats every year until the 20-year term ends. Miss it and the patent can lapse, so we track the date and file Form 4 for you.
What it is
A patent is not a one-time purchase. You pay a renewal fee each year, and the Patents Act 1970 treats the patent as ceased if the fee is not paid in time (section 53(2)). The term itself is 20 years from the filing date under section 53(1).
Here is the catch: the Indian Patent Office sends no reminder, and the dates run from the filing date, not the grant date. Under Rule 80 of the Patents Rules 2003, you pay the fee on Form 4 through the e-filing system of the Indian Patent Office. The first renewal is due before the second anniversary of the filing date, which keeps the patent alive through year three. After that, one fee falls due on every anniversary.
Who it applies to
Granted patent holders
If your patent is granted and still inside its 20-year term, an annual fee is due. The count starts from the filing date, not from the day the grant order came.
Startups and individual inventors
A founder who filed alone and later set up a DPIIT-recognised startup should check the entity status on record. The lowest e-filing rates apply only if the status is claimed properly with Form 28.
Companies with a patent portfolio
Take a Faridabad auto-parts maker with three patents filed in different years. Each patent has its own anniversary, so one diary entry is not enough. A single missed date can cost you one patent while the other two stay safe.
Why it matters
Keeps your monopoly alive
Competitors may copy an invention freely once the patent lapses. A renewal fee of a few thousand rupees protects rights that took years to obtain.
Protects your licences
Licensees and investors check that fees are current. A lapsed patent can weaken a licence or a funding conversation overnight.
Costs less when planned
Late payment adds an extension fee on top of the renewal fee. Paying before the anniversary avoids the surcharge entirely.
Documents required
From you
- Patent number and filing date
- Applicant or patentee name and address
- Entity status: natural person, startup, small entity or other
If you claim a lower fee
- Form 28 with proof of status
- DPIIT recognition certificate for startups
- Udyam registration for small entity claims
For filing
- Digital signature of the signatory, where required
- Authorisation letter if we file for you
- Last renewal receipt, if the patent was renewed before
How it works
Confirm the patent is in force
We check the patent number, filing date, the last year paid and whether the patent is in force on the IP India records.
Match the year to the fee
We match the renewal year with the fee slab and your entity category, then share the exact amount before anything is paid.
Prepare and file Form 4
We prepare Form 4, attach Form 28 if status needs to be claimed, and file it on the IP India e-filing portal with fee payment.
Save the receipt, diarise the next date
You get the filing receipt and a note of the next due date. We then remind you before the next anniversary.
Renewal fees by year
These are the e-filing fees for the common slabs. Physical filing costs about 10% more, so file online.
| Patent year | Natural person or startup | Other applicants (large entity) |
|---|---|---|
| 3rd to 6th | ₹800 per year | ₹4,000 per year |
| 7th to 10th | ₹2,400 per year | ₹12,000 per year |
| 11th to 15th | ₹4,800 per year | ₹24,000 per year |
| 16th to 20th | ₹8,000 per year | ₹40,000 per year |
Small entities have their own slab in the First Schedule. We confirm it against the current schedule before you pay.
Timelines
Before the anniversary
Each renewal fee is due on or before the anniversary of the filing date. The first one is due before the second anniversary.
Six-month extension
If the date passes, Rule 80 allows a further period of up to six months. You file Form 4 with an extension fee on top of the renewal fee.
18 months to restore
A ceased patent can be restored under section 60 using Form 15, within 18 months of the date it ceased, if the failure was unintentional.
What happens if you miss it
The patent ceases
Under section 53(2), the patent ceases to have effect when the fee is not paid within the prescribed time, including the extension.
Public domain risk
Once it has ceased, anyone can use the invention until restoration. Restoration may be opposed by third parties who started using it meanwhile.
Restoration takes effort
You must show the failure was unintentional, and you pay the unpaid fees plus restoration charges. It is far cheaper to renew on time.
Frequently asked questions
When is the first patent renewal fee due in India?
The first renewal fee is due before the second anniversary of the filing date, which covers the third year. After that, one fee falls due on every anniversary until the patent completes 20 years. The count runs from the filing date, not the grant date. We note each date for you, so nothing slips.
How much is the patent renewal fee?
For e-filing, a natural person or startup pays ₹800 a year for years 3 to 6, rising to ₹8,000 a year for years 16 to 20. Large entities pay ₹4,000 rising to ₹40,000 a year. Small entities have a separate slab. Physical filing costs about 10% more. We confirm your exact amount first.
Which form is used for patent renewal?
Form 4 is used to pay the renewal fee under Rule 80 of the Patents Rules 2003. The same form carries the request for the extension period if you are late. Form 28 is separate and is used to claim startup, small entity or similar status. We prepare and file both when needed.
Can I pay the renewal fee after the due date?
Yes, up to six months after the due date, with an extension fee added to the renewal fee. File Form 4 within that window and the patent stays in force. In practice, waiting for the last day is risky, because portal or payment delays count against you. If you are close, tell us and we file immediately.
What if my patent has already lapsed?
You can apply to restore it under section 60 using Form 15 within 18 months of the date it ceased. You must show the failure to pay was unintentional and pay the outstanding fees. A practising patent agent signs the restoration papers, and we prepare and coordinate them with you.
How is patent renewal different from trademark renewal?
A patent needs a fee every year from the third year, up to 20 years. A trademark is renewed once every ten years. The two have different forms, dates and offices, so keep separate diaries. We track both for you, and our trademark renewals page explains the other side.
Who can pay the renewal fee for my patent?
The patentee can pay it, and so can an authorised agent or anyone on the patentee’s behalf through the e-filing system. We file under your authorisation and send the receipt. The Indian Patent Office does not send reminders, so the date is your responsibility unless someone tracks it for you.
Can a startup get a lower renewal fee?
Yes. Natural persons and DPIIT-recognised startups pay the lowest e-filing slab, for example ₹800 a year in years 3 to 6. You claim the status with Form 28 and proof. Our Startup India registration service helps you get the DPIIT certificate first.
Can a patent be renewed beyond 20 years?
No. The term under section 53(1) is 20 years from the filing date, and no renewal extends it. After year 20 the invention enters the public domain. Renewal fees stop with the last year of the term, so plan the final years of the portfolio early.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Government fees depend on the patent year and your entity type. The table above shows the common e-filing slabs, and extension or restoration charges are added only if you are late.
Ready to begin?
Send us your patent number and we will check the next due date, the fee and whether anything is already overdue.