So, you’ve spent months (or maybe years) in the lab or workshop, and you finally have a breakthrough. Whether it’s a revolutionary pharmaceutical compound, a sleek new mechanical device, or a sustainable chemical process, your next step is likely securing your Intellectual Property (IP).
One of the most common questions researchers and startups ask is: “Once I get my patent, how long do I actually own it?”
In this guide, we’ll break down the lifecycle of a patent under the Indian Patents Act, 1970, and explain exactly how to keep your protection active.
The Short Answer: The 20-Year Rule
In India, the term of every patent is 20 years.
This duration is standard across almost all fields of technology—from biotechnology and electronics to mechanical engineering. This timeline is governed by Section 53 of the Indian Patents Act and aligns with the international TRIPS Agreement, ensuring that Indian inventors have the same protection period as those in the US, UK, or EU.
However, the “20 years” isn’t as simple as it sounds. The clock doesn’t start when the patent is granted; it starts much earlier.
When Does the Clock Start Ticking?
The validity of your patent is calculated from the Date of Filing.
- Ordinary Application: If you file directly with the Indian Patent Office, the 20-year term starts from your filing date.
- PCT International Application: If you are a researcher looking for global reach and filed via the Patent Cooperation Treaty (PCT), the 20-year term in India starts from the International Filing Date.
- Provisional vs. Complete: Even if you file a Provisional Specification first to “lock in” your priority date, the 20-year countdown still begins from that initial filing date.
Before you even worry about validity, you need to ensure your idea qualifies for protection. You can learn more about this in our detailed guide: how do I know if my invention is patentable.
Keeping Your Patent Alive: The Renewal Process
A patent is not a “set it and forget it” asset. To keep your exclusive rights active for the full two decades, you must pay annual renewal fees (also known as maintenance fees or annuities).
Key Maintenance Facts:
- When to Start: You don’t pay renewal fees for the first two years. The first payment is due before the expiration of the 2nd year (to cover the 3rd year).
- The “Late Grant” Rule: Often, the patent office takes 3–5 years to grant a patent. During this time, you don’t pay renewals. However, once the patent is officially granted, you must pay all “accumulated” back-fees within three months.
- Entity Benefits: The Indian Patent Office offers significant fee subsidies for Natural Persons, Startups, and Small Entities. Using a registered patent agent can help you file Form 28 to claim these discounts.
What Happens if You Miss a Payment?
If you fail to pay the renewal fee, your patent will lapse. While there is a 6-month grace period (with a late fee), once that window closes, your invention enters the public domain. This means anyone can manufacture, sell, or use your technology without your permission.
Can You Extend a Patent in India?
Unlike some jurisdictions that allow “Patent Term Extensions” (PTE) for delays in regulatory or pharmaceutical approvals, India does not currently allow extensions beyond the 20-year mark. Once the 20 years are up, the “monopoly” ends.
This is why strategic patent portfolio management is essential. Many companies work with Intellect Bastion to file Patents of Addition for improvements or modifications to their original invention, effectively layering their protection over time.
Why Professional Guidance Matters
For a researcher or inventor, the technical side is the fun part. The administrative side—monitoring deadlines, responding to First Examination Reports (FER), and calculating annuity fees—can be a minefield.
Missing a single deadline can result in the loss of a multi-million rupee asset. Professional patent companies and agents ensure that:
- Your Novelty and Inventive Step are clearly defended.
- Your Complete Specification is drafted to withstand litigation.
- Your renewal calendar is strictly managed so your 20-year shield never drops.
Summary Table: Patent Validity at a Glance
| Feature | Details |
|---|---|
| Total Term | 20 Years |
| Start Date | Date of Filing (or PCT International Filing Date) |
| Maintenance | Annual Renewal Fees starting from the 3rd year |
| Grace Period | 6 Months (with surcharge) |
| Restoration | Possible via Form 15 if filed within 18 months of lapsing |
| Expiry Effect | Invention enters the Public Domain |
Protecting your innovation is a marathon, not a sprint. If you are ready to secure your invention or have questions about the current status of your filing, we are here to help.
Would you like us to help you evaluate your invention’s timeline? Contact us today to speak with a registered patent expert.
