Renewal fees also known as maintenance fee or annuity fees are paid in order to keep the patent in force. The renewal payment system is different in very country. In countries such as in India, renewal fees are paid only after the grant of the patent, on the other hand in some countries like Europe and UAE countries, renewal fees have to be paid from the date of national phase or conventional filing.
Under section 53 of Indian Patent Act 1970, renewal fee is payable every year. The first renewal fee is payable by the third year of the patent's life, and must be paid before the patent's second anniversary. If the patent has not been issued within that period, renewal fees may be accumulated and paid immediately after the patent is sealed, or within three months of it's recordal in the Register of the Patents or within nine months by paying extension fees of 6 months on form 4. Date of payment of Renewal fees is measured from the date of the patent. No renewal fees are payable on patents of addition, unless the original patent is revoked and the patent of addition is converted into an independent patent.
If renewal fees are not paid within the given time period, the patent will cease to have effect. Within the lapse period of the patent, the applicant could not charge any legal action against any third person who is exploiting the benefits of the patent. However, the applicant is given the opportunity to restore the patent under section 64 of the Indian Patent Act 1970, within 18 months of the lapse of the patent by citing an appropriate as desired by the Controller.
Service provided by an Attorney Firm
Payment of renewal fees is a vital step to enforce a patent. Our firm has set up an easy and convenient system to enable the payment on time in all the countries. Our agent or attorney will remind the client about the pending annuities beforehand without any cumbersome process and will guide you with the best suggestions which will save time, money and repeated payment for attorney service.
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