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Patent renewal and its procedure

patent renewal

Patent renewal is a technical-legal documents that provide details of new, obscure, and induct industrially applied inventions. Section (3) of the Indian Patent Act stipulates that where a patent application is made on the basis of the assignment of the right to apply for a patent for an invention, the applicant is required to submit, either at the time of filing the application or within six months from the date of filing the application.

patent registration in  chennai

In other words, when a patent application is made in India by someone other than the true inventor (s), then proof of the right to file a patent application in India is to be establish. The Article 68 of the Indian Patent Act insists for an assignment to be valid, it must be in writing in the form of a document specifying the terms and conditions of the assignment.

Patent registration

Patent registration in Coimbatore includes the following requirements and the procedure.

Requirement to file a patent in India:

We can file the following types of patent application in Indian patent office fee.

Convention application (within 12 months of priority date)

CT PCT Application (National Phase) – with 31 months of priority date.

National application (temporary and non-temporary application)

Patent registration in Chennai needs Application for Patent Grant in Form 1 in Duplicate [Sections 7, 54 and 135 and Rule 20 (1)].

2. Temporary / Full Specification in Form 2 in Duplicate [Section 10; Rule 13]; It contains the Description • Claims • Drawing (if any) abstract.

3. It is also given that Statement and Undertaking in Form 3 in Duplicate [Section 8; Rule 12].

Power of Attorney in Form 26 (if patent agent is assigned) (Original) (Rule 3.3 (a) (ii))

Declaration of inventor in form5 in (only where applicant and inventor [s] are different); (Rule 4..117)

6. Form 28 (if the applicant is a small entity) (Rule 2 (FA) and 7).

7. Certified original copy of the priority document (if priority is claim).

8. Required legal fee (check / DD).

The process

Process of Patent Registration in Bangalore in India:

Patentability / Innovation Search

Patent drafting

Patent filing


Request for Exam

Issue the examination report

Hearing with controller

Patent grant

Patent renewal procedure

The Patent registration in Madurai is valid for 20 years from the date of filing the application. The patent must be renew every year to keep it alive. This is a mandatory requirement and if the patent does not comply with this requirement, the patent ceases to be issued and passes into the same public domain. In India, a patent can file a patent renewal by paying a fix fee on the basis of which the patent is renew for one year. Then, due to non-payment of renewal fee within the stipulated time, the effect of the patent has cease. There is an effect.

patent filing in chennai

The application for reinstatement, in Form-15, must be filed within 18 months from the date of expiration of the patent. The patent or his / her legal representative must apply for this.

The application must state the circumstances under which the patent failed to pay the fee on time. You can support the statement using evidence in the form of documents.

Patent application

Evidence must support the patent’s claim that the payment failure was unintentional and that there was no undue delay in applying for patent reinstatement.

If they find the evidence unsatisfactory, the controller may call for further evidence.

In case, the controller does not agree that the first face case for reinstatement is ready, the applicant is notified and as long as the applicant wishes to have a hearing within one month, the application may be denied.

If he fails to do patent registration in Hyderabad the name change before the patent expires, he must first apply for a change in the register under Rule 94.

patent registration in chennai

If he changes his name after expiration, he / she must prove his / her identity.

Then, the financial inconvenience of a patent is not accept as a cause of inadvertent failure, but bankruptcy is consider a physical impossibility to be paid as a result.

Patent of addition

Sections 54, 55, 55 and specific 56 of the Act are specific provisions that govern additional patents. Additionally a patent is an application for a patent in the context of an improvement of an invention describe in the main application for which the patent has already applied for or obtained a patent. The applicant for the main invention and correction / amendment must be identical and the language of the provision indicates that if the amendment / modification of any additional applicant, no further patent may be pursued.

filing of application

In Patent registration in Chennai, the patent for the addition must be either on the same date or later than the main application filing date. Therefore, theoretically, even after the main application is approve, a patent for an addition can be filed. In addition, where an amendment or change to the main application is the subject of an independent patent, and if the patents are identical in both inventions, the controller may, at the request of the patent, revoke the independent patent and grant. Same as additional patent.

There are no special rules for the rule on the date of priority of additional patents and, therefore, the default rule will apply – subject to other provisions of the Act, the date of filing of additional patents will be treat as a priority date. In the case of adding a patent, Rule 13 (3) of the Rules of Patents states that each such patent must include a reference to the main patent or application for the main patent and must include a definite statement that the invention is an amendment. 

Term of patent and renewal fee

Similarly, Section 55 of the Act states that the term of the attachment patent may be the same as that of the main application and will remain in force until the main application is apply and expires with the main application. This limitation in term is balance by the fact that there is no need to pay a new renewal fee for additional patents. In the event that the main application is revoke, the additional patent, upon request of the patent, may become an independent patent for the remainder of the term and shall remain in force as an independent patent.

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