Renewal dates follow the patent date
A patent in India generally has a term of 20 years from its filing date; for a PCT national-phase application, the term is counted from the international filing date. The date of grant does not restart that term. Under Rule 80, renewal fees are payable at the expiration of the second year from the date of the patent and before the expiration of that or each succeeding year. In practical terms, annual renewal payments begin for the third year, and the due-date schedule is anchored to the patent date, not to a convenient portfolio year-end.
If a renewal fee is missed, Rule 80 allows a period of up to six months for payment on a Form 4 request and the prescribed fee. Do not assume the extension is automatic: the request and payment must be completed within the permitted period. Annual fees for multiple years can be paid in advance; an electronic advance payment covering at least four years receives the reduction specified in the Rule.
If the patent has ceased
Where the patent has ceased because a renewal fee was not paid within the prescribed or extended period, Section 60 allows the patentee or legal representative to apply for restoration within 18 months from the date the patent ceased to have effect. The prescribed form is Form 15 under Rule 84.
Restoration is not automatic. The Controller must be satisfied that the non-payment was unintentional and that there was no undue delay in applying. The request is published, and a person interested may oppose restoration within two months of publication on the statutory grounds. If restoration is allowed, unpaid renewal fees and the additional prescribed fee must be paid. Section 62 also protects people who began, or took definite steps to begin, using the invention during the relevant lapse period; restoration does not simply erase every intervening issue.
Statement of working
Maintenance includes more than renewal fees. Under Rule 131, every patentee and licensee furnishes Form 27 once for each three-financial-year period, beginning with the financial year immediately after the year of grant. The statement is due within six months after the period ends. A request in Form 4 may extend or condone the filing delay by up to three months. This three-year reporting cycle was introduced by the 2024 amendments.
Portfolio controls that help
Record the patent number, patent date, current owner, next renewal year, payment status and any restoration or Form 27 issue. Check the official register and fee schedule before payment, particularly where ownership changed or a portfolio was transferred. A missed date should be escalated promptly so the remaining extension or restoration period can be calculated accurately.
The core references are Section 53 on patent term, Section 60 on restoration applications, Section 61 on the restoration test, Section 62 on intervening rights, and Rule 131 on Form 27.
This guide is general information, checked on 10 October 2026. Confirm each due date against the patent register, official fee schedule and current Rules.