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ARTICLE · 21 MAY 2019

Restoration Of Lapsed Patents In India

Khurana & Khurana, Advocates and IP Attorneys
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A patent is granted for period of 20 years in India and a patent renewal fee or annuity has to be paid every year after the end of second year till the term of patent for the possession of patent and to keep the patent in its effect.

IndiaIntellectual Property
Divyanshi Arora
Divyanshi Arora
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A patent is granted for period of 20 years in India and a patent renewal fee or annuity has to be paid every year after the end of second year till the term of patent for the possession of patent and to keep the patent in its effect. For the patents filed in India through PCT, the term of patent is calculated from the time of international filing of application but the renewal fees are applicable only after the grant of a patent in India.

If any company or individual fails to pay the fees, the patent may lapse and cease to exist and enters the domain of public property. Once the patent ceases to exist, the subject matter covered by the patent is no longer protected. The subject matter can be used by anyone without any repercussions of infringement. An application for restoration of patent can be made by the owner of the patent or the by the representatives of the patentee if the patent is in lapse stage.

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