Getting a patent for your invention is a great achievement. But here’s something important: getting the patent is just the first step. If you want to keep your patent active and protect your invention, you need to pay regular renewal fees.
What is Patent Renewal
Patent renewal (also called maintenance fees or annuity fees) is basically a fee you pay to keep your patent alive. Think of it like renewing your driving license or paying a subscription fee. If you don’t pay these fees on time, your patent will expire, and anyone can use your invention without asking you or paying you anything.
Why do you need to pay renewal fees? There are a few good reasons. First, it shows you’re serious about keeping your patent rights. Second, it helps the patent office run smoothly. Third, it makes sure that inventions that are no longer useful to their owners can become available for everyone to use.
When Do I Start Paying Renewal Fees
This is something many people get confused about. Your renewal fees start from the date you filed your patent application, not from the date your patent was granted.
Let me explain with an example. Say you filed your patent application on January 1, 2020. The patent office took three years to examine it, and your patent was finally granted on January 1, 2023. Your renewal timeline still starts from January 1, 2022 (the filing date). You won’t need to pay any renewal fees for the first two years after filing. Renewal payments begin starting from the third year
When your patent gets approved, you’ll need to pay all the renewal fees that became due during the examination period.
How Long Can I Keep My Patent Active?
In most countries, including India, you can keep your patent active for up to 20 years from the filing date. This is the maximum time you can protect your invention.
But here’s the thing: you don’t have to keep it for the full 20 years. Many people choose to let their patents expire earlier if:
- The invention is no longer making money
- The cost of renewal is more than the benefits
- The technology has become outdated
You should think about whether your patent is still valuable before paying each renewal fee.
How Much Are Indian Patent Renewal Fees?
The Indian patent renewal fees increase every year—the older your patent gets, the more you pay.
Here’s how it works:
Who Pays What:
- Individual inventors and startups pay the lowest fees
- Small businesses pay medium fees
- Large companies and foreign entities pay the highest fees
When You Pay: You start paying renewal fees from the third year after your filing date. Then you pay every year after that.
How Much You Pay: The fees are low in the beginning and get higher as years go by. For example:
- Years 3-6: Lower fees
- Years 7-10: Medium fees
- Years 15-20: Much higher fees
| Patent Year | Period Covered | Natural Person / Startup / Small Entity / Educational Institute (INR) | Large Entity / Others (INR) |
|---|---|---|---|
| Year 1 - 2 | Initial Year | No Fee | No Fee |
| Year 3 - 6 | 3rd – 6th Years | 800 | 4,000 |
| Year 7 - 10 | 7th – 10th Year | 2,400 | 12,000 |
| Year 10 - 15 | 10th – 15th Year | 4,800 | 24,000 |
| Year 15 - 20 | 15th – 20th Year | 8,000 | 40,000 |
This system is designed to make sure patent owners really think about whether keeping their patent is worth the cost as it gets older.
While the standard renewal payment process is usually straightforward by filling out a form at the Indian Patent office website, sometimes you may need to file Form 30 along with your renewal. Form 30 is used during renewal as a “catch-all” form for actions where no specific form exists under the Indian Patent Rules 2003. Essentially, it serves as the formal vehicle for any renewal-related communication that the standard e-payment portal cannot handle.
Do I Pay All Fees at Once or Every Year?
Renewal fees are paid every year, in India, you start paying from the third year after filing your application. Then you continue paying once a year to keep your patent active.
If you want, you can also pay your renewal fees for multiple years in advance. In fact, if you pay for the last 4 years of your patent term in one go, you get a 10% discount on the total amount. This can be a smart financial move if you’re confident about keeping your patent for its full term and want to save money.
This yearly payment system is actually helpful. It gives you the flexibility to stop paying if your invention is no longer useful or profitable. You’re not locked into the full 20 years.
Each payment has a due date—usually on the anniversary of your filing date. Missing this date doesn’t immediately kill your patent, but it does create problems.
What If I Miss the Payment Deadline?
Life gets busy, and sometimes we miss deadlines. The good news is that the patent office understands this. In India, you get a six-month grace period after your due date to pay your renewal fee, but you’ll have to pay a penalty on top of your regular renewal fee. The later you pay within those six months, the higher the penalty.
While the grace period is there to help you, it’s not something you should rely on regularly. It’s much better (and cheaper) to pay on time.
What happens if you miss the grace period too? That’s when things get serious. Your patent will expire, and that can be very difficult to fix.
What Happens If My Patent Expires?
If you don’t pay your renewal fee (even after the grace period), your patent expires. This is a big deal. Here’s what it means:
- You lose all rights to your invention — You can’t stop anyone from using it
- Anyone can copy your invention — They can make it, use it, sell it without asking you
- You can’t sue copycats — The law won’t help you anymore
- Your invention becomes public property — It’s free for everyone to use forever
Imagine spending years developing an invention, getting a patent, and then losing it all because of a missed payment. That’s why staying on top of renewals is so important.
Once your patent expires due to non-payment, competitors can immediately start using your technology. All the time and money you invested in protecting your invention can disappear overnight.
Can I Get My Expired Patent Back?
Yes, there’s some hope! In India, you can apply to restore your expired patent, U/S 61 & 62 of India Patent Act 1970 but it’s not easy or guaranteed.
Time Limit: You have 18 months from the date of your first missed payment to apply for restoration. After that, it’s too late.
What You Need to Do:
- Hired a Patent Agent
- File a formal restoration application
- Pay all the renewal fees you missed
- Pay restoration fees (extra charges)
- Explain why you missed the payment
- Show that you were being careful and responsible
The patent office will review your application. If they’re not convinced by your explanation, they can say no. And if they reject it, your patent is gone forever.
Bottom line: It’s much better to pay on time than to try to restore an expired patent. Restoration is expensive, stressful, and uncertain.
Can Someone Else Handle Renewals for Me?
Absolutely! This is where patent agents come in very handy.
Patent agents are professionals who specialize in patent law. They’re trained and licensed to handle all your patent-related work, including renewals.
What Patent Agents Can Do for You:
- Keep track of all your renewal deadlines
- Calculate exactly how much you need to pay
- File your renewal payments on time
- Handle late payments if necessary
- Help you restore your patent if it expires
- Remind you well before deadlines so you never miss them
Why Use Patent Agents? Managing patent renewals can be confusing, especially if you have multiple patents or you’re busy running your business. Patent agents use special software that tracks all your deadlines automatically. They send you reminders months in advance, so there’s almost no chance of missing a payment.
For inventors, small businesses, and startups, working with patent agents can be a lifesaver. They handle all the complicated paperwork while you focus on your work. The peace of mind is worth it.
Patent agents can also give you advice on which patents are worth keeping and which ones you should let expire to save money. This strategic advice can help you manage your budget better.
How Do Big Companies Manage Many Patents?
Large companies often own hundreds or thousands of patents. So how do they keep track of all those renewal deadlines and payments?
Here’s what they do:
- Special Software They use computer programs designed specifically for managing patents. These programs track every patent’s renewal dates, fees, and status across different countries.
- Regular Reviews They check their patent portfolio every few months or once a year. They ask: “Is this patent still making us money? Is it still important?” This helps them decide which patents to keep and which to let go.
- Work with Patent Agents Big companies usually work with several patent agents or law firms in different countries to handle all the paperwork and payments.
- Budget Planning They calculate how much they’ll need to spend on renewals for the next few years. This helps them plan their finances better.
Some companies even hire specialized firms that do nothing but track and pay patent renewal fees around the world. These firms make sure nothing gets missed.
Manage Your Patent Renewals with Professional Expertise
Managing patent renewals independently carries significant risks, with missed deadlines potentially costing you years of hard work and investment. Professional patent agents eliminate this stress by providing comprehensive tracking systems, timely reminders, and expert handling of all renewal requirements under Indian Patent Rules 2003.
When you work with experienced patent agents, you benefit from accurate fee calculations based on your patent’s age and applicant category, complete form filing, and strategic portfolio management. They help you avoid costly late payment penalties, manage grace period submissions when needed, and even handle patent restoration if a lapse occurs. This professional support actually saves money long-term while ensuring nothing falls through the cracks.
These services are ideal for individual inventors seeking hassle-free support, startups protecting innovations cost-effectively, and companies managing multiple patents. Rather than juggling administrative complexities yourself, you can focus on business growth and development while experts handle the technical details. The peace of mind and protection of your competitive advantage make professional patent renewal management an investment worth making—because prevention is always better and cheaper than restoration.
If you need patent assistance or consulting, feel free to contact us and get a full range of services to protect and manage your valuable innovations.
Author M.S. Ansari: A patent professional at Intellect Bastion, specializing in drafting patent applications, conducting prior art searches.
