Section 60-62: Renewal fee and Restoration of Patents (Indian Patents Act)

[@akshaypurohit1818]

Hello Abhay Sir, Can you please help me understand how is the date of patent lapse calculated? Is it the next day after the 9th month of the grant of patent (3 + 6 months)?

[@AbhayPorwal]

Let me break down how the date of patent lapse is calculated in India. The calculation follows these steps: Starting Point Date of grant of patent is the reference point Regular renewal fee is due before expiration of 2nd year from date of patent Grace Period Components Initial 3 months for regular payment Additional 6-month grace period under Section 142(4) Total 9 months from due date Lapse Calculation Example: If patent granted on 01/01/2023: Regular renewal due date: 01/01/2024 First 3 months till: 01/04/2024 Grace period 6 months: till 01/10/2024 Patent lapses on: 02/10/2024 (next day) Key Points: Under Section 142(4), patent ceases if fee not paid within grace period Cessation takes effect from the next day after grace period ends For calculation purposes, the same date next month is counted If such date doesn't exist in next month, last date of that month is taken.

[@sonalgupta8210]

sir can we file form 4 and request for extension of time if person misses paying renewal fees and time lapsed is less than 6 months, without filing for form 15 (application for restoration of lapsed patent). Asking this with reference to ques6 of paper 2 of PAE 2024

[@AbhayPorwal]

Within 6 months no restoration, within 18 months restoration, beyond 18 months no restoration.

[@narcissstarbell6572]

@Abhay porwal sir, within 6 months no restoration means...kindly explain. Sir Is my understanding right? *Any time within 18 months there is restoration. *Anytime after 18 months No restoration (becomes public property).

[@AbhayPorwal]

@@narcissstarbell6572 within 6 months you don't need to file restoration application, you can pay with condonation of delay. From 6 to 18 months is where restoration application is required.

[@sujatakumari-hy3ov]

Hello Abhay sir if the person interested wins as per section 61 and rule 85 then the patentee has no option left for him to restore the patent,even at high court?

[@AbhayPorwal]

Check if this is appealable to IPD? Because that's the first step.

[@satishkanhed2946]

Sir, can the filing date of a convention application in a convention country be considered as an international filing date??

[@AbhayPorwal]

International filing date is used for the PCT filing date.

[@rashmichauhan8819]

Sir, In india term of patent is calculated from the priority date in case priority date is claimed (means 20 years from priority date of a patent) so while filing renewal fee I have to count the 2nd year from the priority date (renewal fee needs to pay at the expiry of 2nd year in respect of 3rd year from the date of patent) so here date of patent will be the priority date right bcoz we will calculate 20 years form priority date. Am I right sir??

[@AbhayPorwal]

Yes.

[@KnowledgeZoneK]

Hi sir, Any update in timeline as per new amendments?

[@AbhayPorwal]

No, timelines are not updated for renewal or restoration.

[@shitalghodinde8426]

Hi Sir, If application for patent is filed in jan 2022 and patent is granted in lets say sep 2022, then renewal fee has to be paid before the expiry of 2nd year means before jan 2024. In this case we have to pay within 3 months from the date of grant that is sep 2023? Is my understanding is right or not?

[@AbhayPorwal]

The three months from the grant is applicable only in case when the patent gets granted later than 2 years from the application filing date. In case the patent is granted within 2 years, than the renewal fee needs to be paid before the expiry of the second year (for the third year) - in you case before Jan 24.

[@shitalghodinde8426]

Okay so anytime before the expiry of jan 24👍🏻

[@AbhayPorwal]

@@shitalghodinde8426 Yes

[@satishkanhed2946]

How do we pay for many years together Sir.. Means payable fee per year x number of years??

[@AbhayPorwal]

The form lets you select for the years you want to pay

[@satishkanhed2946]

@@AbhayPorwal ok Thank You Sir..

[@ketakighosh5824]

Sir how much is the renewal fee and is it the same for all the subsequent years? And Sir what are the grounds for opposition of restoration?

[@AbhayPorwal]

Renewal fee is divided into 4 groups, (3-6 years, 7-10 years, 11-15 years, 16-20 years) - The free is different for each of these groups, in general it increases with the age of patent. Grounds for opposition - Please tell me what are the defense available for applicant to put a request for restoration? So, the same are the grounds for opposition - you need to prove that the applicant is wrong on those grounds.

[@ketakighosh5824]

@@AbhayPorwal I got your point Sir. Thank you so much.

[@satwikmajumder8917]

Sir, how to pay the renewal fee? I already created an account in eMudhra and received an esign. But then, where should I find the payment gateway to pay the renewal fees?

[@AbhayPorwal]

You need to create an account with the e-filing services of the patent office. Once created, you need to add the esign to your patent office account (this can be done in the control settings). Upon setting the account, go ahead and select an appropriate form to move forward, provide application details and then e-sign the form. Finally, make the payment by clicking on make payment options and selection of the esign form.

[@satwikmajumder8917]

@@AbhayPorwal HI, I have created an account and it redirected me to emudhra. After the document is signed, when I am trying to sign in to my e-filing account, even after putting the correct Username and password, I am receiving an Invalid login message.

[@satwikmajumder8917]

@@AbhayPorwal Even clicking on Forgot password .. adding the accurate email ID and User ID is giving the Invalid User ID message... 😔

[@nutanpawar9034]

Sir what we mean by disposal of application

[@AbhayPorwal]

Finalising the matter - taking decision

[@ranjanabhandari3227]

Sir what is the fees specified in 4th Schedule?

[@AbhayPorwal]

Ranjana, please visit one post in the community tab - the difference between fee and cost. I have explained it in detail there. Let me know if you can't find it.

[@triggeredengnieer961]

Is validity and term of patent same? Please advice

[@AbhayPorwal]

Are you still looking for answer 🙂 if you use both the words in a single sentence, it sounds like this - "A patent is valid for a term of 20 years" - Term of the patent is - number of years for which patent rights are awarded - Validity of the patent can questioned on multiple grounds.

[@triggeredengnieer961]

@@AbhayPorwal thank you for your answer. On another note, I have cleared PAE 2024, thanks for your help through videos, it helped a lot for both written as well as viva. Thank you Sir🙏

[@AbhayPorwal]

@@triggeredengnieer961 Happy for you! Congratulations and do well!

[@triggeredengnieer961]

@@AbhayPorwal thank you sir 🙏