How to monitor / maintain your patent once granted (renewals, maintenance fees etc.)

1. Understand Patent Term & Renewal Rules

• A patent in India lasts 20 years from the filing date.

• To keep it in force, you must pay annual renewal fees (also called maintenance fees).

• Renewals start from the 3rd year and must be paid every year until expiry.

2. Renewal Fee Schedule

• Years 1–2: No fee (covered in initial filing).

• From Year 3 onwards: Annual fees apply, increasing gradually each year.

• Fees differ for individuals/startups, small entities, and large companies.

Pro Tip: You can pay renewals year by year, or in advance for up to 5 years.

3. How to Pay Renewal Fees

• File Form 4 (renewal fee payment) online via the IPO website or physically at the patent office.

• Track deadlines carefully: payment must be made before the due date.

4. Grace Period & Restoration

• If you miss a renewal, the patent lapses.

• However, you get a 6-month grace period (with late fees).

• Beyond that, you can apply for restoration within 18 months from the lapse date, but restoration is discretionary—not guaranteed.

5. Monitor Patent Use & Enforcement

Maintaining isn’t just about paying fees—you need to watch the market for infringement.

• Use tools like Google Alerts, patent monitoring services, or professional watch services.

• Check if competitors are filing similar patents (keep an eye on new IPO publications).

• If infringement is detected, you can enforce your patent through licensing, cease-and-desist notices, or litigation.

6. Portfolio Management for Businesses

• For startups: track renewal dates in a simple calendar system or IP management tool.

• For larger companies: consider using patent management software or outsourcing to IP firms for systematic monitoring.

• Prioritize—sometimes it makes sense to let weaker or non-commercial patents lapse, while focusing on crown-jewel inventions.

7. Keep Records Updated

• If ownership changes (assignment, merger, or licensing), update the Indian Patent Office records.

• If you expand internationally, align renewal schedules across jurisdictions.

Example: Why Monitoring Matters

A biotech startup holds a granted patent on a novel enzyme. They fail to pay the 6th-year renewal fee on time. By the time they realize, the grace period has expired, and restoration is denied. Competitors immediately exploit the open invention—millions lost simply due to missed paperwork.

Takeaway

A granted patent is a living asset, not a one-time achievement. In India, maintaining it requires:

• Paying renewal fees annually (from the 3rd year onward).

• Monitoring for infringement and competitor filings.

• Making strategic portfolio decisions.

A well-maintained patent can become your company’s strongest competitive edge. Neglecting it, on the other hand, is like leaving your fortress unguarded.