IPR · Patent Services
Patent Renewal Support
A granted patent is not a one-time achievement — it is a 20-year asset that must be actively kept alive through annual renewal fees, called annuities.
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A granted patent is not a one-time achievement — it is a 20-year asset that must be actively kept alive through annual renewal fees, called annuities. Miss a single renewal deadline and your patent lapses, handing your invention to the public domain and to every competitor who was waiting for exactly that mistake. Under Section 53 of the Patents Act 1970, a patent lapses automatically the day a renewal fee falls due and is not paid — there is no notice requirement before lapse. PNPC Global tracks annuity due dates, calculates the exact fee applicable to your entity category, manages the grace period, and where a deadline has already been missed, handles restoration petitions under Section 60. This is a due-date discipline service as much as a filing service — and due-date discipline is what a practising CA firm since 1986 is built around.
What it costs
No hidden charges. The exact figure is set in your engagement letter.
A patent granted in India under the Patents Act 1970 has a term of 20 years from the date of filing of the application (Section 53(1)), but that term is not automatically maintained — renewal fees must be paid every year from the third year onward to keep the patent in force. Renewal fees for the 3rd and subsequent years fall due on the date corresponding to the expiration of the patent term calculated from the deemed date of patent (grant date/filing date depending on application type), and payment can be made in advance under Form 15 read with Rule 80 of the Patents Rules 2003. Unlike copyright or an unregistered idea, a patent is a use-it-and-pay-for-it right: the annuity structure is deliberately front-loaded to be inexpensive in the early years and increasingly expensive in the later years, so that only inventions genuinely worth defending remain in force for the full 20-year term.
Renewal fees can be paid annually, or in a single lump sum for the remaining life of the patent, or in blocks of multiple years in advance — the fee schedule under the First Schedule of the Patents Rules 2003 sets out year-by-year amounts that step up considerably from year 11 onward. A grace period of 6 months is available after the due date under Section 53(2) read with Rule 80(1A), during which the renewal fee can still be paid along with a prescribed additional (late) fee. If the fee remains unpaid even after the grace period, the patent lapses under Section 53(2) — it ceases to be enforceable and the invention effectively enters the public domain for anyone to use, including your direct competitors.
A lapsed patent is not necessarily lost forever. Section 60 of the Patents Act permits an application for restoration of a lapsed patent, provided it is filed within 18 months from the date of lapse and the Controller of Patents is satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in making the restoration application. Restoration is discretionary, not automatic — the Controller examines the applicant's explanation, may require evidence of the circumstances, and third parties who began using the invention in good faith during the lapsed period may acquire limited protection against a subsequently restored patent under Section 62. This is why proactive annuity tracking is dramatically cheaper and safer than reactive restoration.
The fee applicable for each renewal year depends on the applicant's entity category at the time of payment: natural person, startup, small entity, or 'others' (which includes most companies that are not classified as a startup or small entity under the Patents Rules). Fee categories are defined with reference to DPIIT startup recognition and the MSME/Udyam small-enterprise turnover-and-investment thresholds — an applicant that outgrows its startup or small-entity status must pay the differential fee at the point its status changes, and understating entity category at renewal is a compliance risk PNPC checks at every renewal cycle, not just at the point of original filing.
When active annuity management matters most
You hold one or more granted Indian patents and are past year 2 of the patent term — renewal fees become payable from year 3 onward
Your patent portfolio has grown beyond a handful of patents and manual tracking of due dates across different filing dates has become error-prone
Your company's entity status has changed since the patent was filed — for example, DPIIT startup recognition has lapsed, or turnover has crossed the Udyam small-enterprise threshold — affecting the applicable renewal fee category
You are approaching an investor round, acquisition, or licensing deal and need to demonstrate that your entire patent portfolio is in good standing with no lapsed or restoration-pending patents
A renewal deadline was recently missed and you are within the 18-month window under Section 60 to apply for restoration before the option closes permanently
You hold patents jointly with co-inventors, a research institution, or a foreign parent company and need a single coordinated point of contact for fee payment and Controller correspondence
You are deciding whether to pay a lump-sum advance renewal for the remaining patent term versus year-by-year payment, and want the cash-flow and cost trade-off explained clearly
When this service is not the immediate need
Your patent application has not yet been granted — renewal fees apply only after grant; a pending application needs prosecution support (examination response, hearing), not annuity management
You are still within the first two years after the deemed date of patent — no renewal fee is payable for years 1 and 2 under the current fee schedule
Your invention is no longer commercially relevant and you have made a considered decision to let the patent lapse rather than continue paying annuities — in that case no renewal action is needed, though PNPC can advise on the decision itself
You need to file a fresh patent application rather than maintain an existing one — that is patent drafting and filing, a different service
You are dealing with a patent infringement dispute rather than a renewal/lapse issue — that requires litigation support, not annuity tracking
The patent in question was filed and is maintained entirely outside India (a foreign patent with no Indian equivalent) — Indian renewal rules and the Controller of Patents (India) have no jurisdiction over it
Patent renewal fee categories under the Patents Rules 2003 (First Schedule)
| Feature | Natural Person | Startup (DPIIT-recognised) | Small Entity (Udyam) | Other (Large Entity / Company) |
|---|---|---|---|---|
| Who qualifies | An individual applicant/patentee, whether alone or jointly with other natural persons only | An entity holding a valid DPIIT Startup Recognition Certificate at the time of fee payment | An entity meeting the Udyam/MSME small-enterprise investment and turnover thresholds, evidenced by a valid Udyam Registration Certificate | Any applicant not falling in the natural person, startup, or small entity categories — typically larger companies, foreign corporates, and educational institutions above the small-entity threshold |
| Relative fee level | Lowest fee slab | Same discounted slab as small entity/natural person under the Rules | Same discounted slab as startup/natural person under the Rules | Highest fee slab — several times the discounted rate for the same renewal year |
| Evidence required at each renewal | Self-certification as an individual applicant; PAN/identity on record | Valid, current DPIIT Certificate of Recognition — must not have expired or been withdrawn | Valid, current Udyam Registration Certificate reflecting small-enterprise classification | None — default category if no concessional status is claimed or evidenced |
| Risk if status changes mid-term | Rare — individual status is generally stable through the patent term | If DPIIT recognition lapses (recognition is time-bound and can also be voluntarily surrendered or revoked), the applicant must revert to the applicable non-concessional fee for subsequent renewals | If turnover/investment crosses the Udyam small-enterprise ceiling, the applicant must revert to the applicable non-concessional fee for subsequent renewals | Not applicable — already paying the standard fee |
| Fee if assignment changes category | N/A unless assigned to a company | If the patent is assigned from a startup to a large-entity assignee, the differential fee for the assignee's correct category becomes payable going forward | If the patent is assigned from a small entity to a large-entity assignee, the differential fee for the assignee's correct category becomes payable going forward | Already at the applicable rate — no differential on assignment to another large entity |
| PNPC verification at each renewal cycle | Confirms applicant remains a natural person on record | Re-verifies DPIIT Certificate validity before every renewal payment — not assumed valid indefinitely | Re-verifies Udyam Certificate and turnover/investment position before every renewal payment | Confirms no eligibility for a concessional category has since arisen (e.g., a large entity spinning out a small-entity subsidiary that separately owns the patent) |
Fee category is assessed at the time each renewal payment is made — not fixed permanently at the filing date. A company that held valid DPIIT startup recognition at filing but has since crossed the recognition period (or had it lapse) without renewal must pay the non-concessional renewal fee, and paying at the wrong (lower) category is a defect the Controller can raise, potentially treating the fee as not properly paid. PNPC re-verifies entity status at every renewal cycle rather than assuming it is unchanged from the filing date.
| # | Stage & What PNPC Does | CA Advice Portals Never Give | Timeline |
|---|---|---|---|
| 1 | Patent Portfolio Intake & Due-Date Mapping | We do not just note the next renewal date — we verify the deemed date of patent (which determines every subsequent due date), cross-check the current entity category against DPIIT/Udyam records, and confirm whether any renewal has already lapsed into the grace period undetected. Portals that only track a single upcoming date miss patents with irregular filing histories (PCT national phase entries, divisional applications) where the deemed date calculation itself is non-obvious. | Day 1 |
| 2 | Entity Category Verification — Before Every Payment, Not Just Once | DPIIT startup recognition and Udyam small-entity status are not permanent — they lapse, expire, or can be surrendered. We verify current status against the live DPIIT/Udyam portals immediately before each renewal payment, not from a static record set at incorporation. Paying at a stale concessional rate after status has lapsed creates a defect the Controller can flag later. | Prior to each renewal cycle |
| 3 | Fee Calculation — Form 15 Preparation | The applicable fee depends on: the renewal year (fees escalate significantly from year 11 onward under the First Schedule), the verified entity category, and whether payment is being made annually, in a multi-year block, or as a lump sum for the remaining term. We calculate all three payment structures and present the cash-flow trade-off before you commit to a payment pattern. | 3–5 working days before due date |
| 4 | Renewal Fee Payment — Form 15 filed with the Patent Office | Form 15 (Application for Renewal of Patent) is filed with the appropriate Patent Office (Delhi, Mumbai, Chennai, or Kolkata — jurisdiction is determined by the applicant's address for service on record) along with the prescribed fee via the IP India e-filing portal. Payment is acknowledged and the renewal is reflected against the patent's status in the Register of Patents. | On or before the due date wherever possible |
| 5 | Grace Period Monitoring — 6-month window under Section 53(2) | If a due date is missed, the 6-month grace period is not a second deadline to relax about — it carries an additional (late) fee on top of the base renewal fee, and the additional fee itself escalates the longer the delay within that window. We treat any missed due date as an active alert, not a routine follow-up. | Within 6 months of the missed due date, if applicable |
| 6 | Lapse Confirmation & Section 60 Restoration Assessment | If the grace period also passes without payment, the patent lapses under Section 53(2) and is marked accordingly in the Register of Patents. We immediately assess whether restoration under Section 60 remains available (the 18-month window from the date of lapse), advise honestly on the likelihood of the Controller finding the default 'unintentional,' and prepare the restoration application including the required statement of case if the client wishes to proceed. | Immediately on confirmed lapse; restoration window is 18 months from lapse date |
| 7 | Section 60 Restoration Application — Form 15A | Form 15A (Application for Restoration of Patent) is filed with a statement setting out full facts and circumstances of the failure to pay, together with the unpaid renewal fee(s), the prescribed additional fee for late payment, and the restoration fee. The application is published for opposition, and the Controller may direct a hearing before deciding. | Filing within 18 months of lapse; Controller's decision timeline varies by workload and whether opposed |
| 8 | Opposition Handling (If Restoration Is Opposed) | Any person may give notice of opposition to a restoration application within the prescribed period after its publication — typically a competitor who began using the invention after lapse and does not want the patent restored. PNPC coordinates with patent counsel to represent the applicant's interests before the Controller if an opposition is filed. | As triggered — typically adds several months if opposed |
| 9 | Multi-Year / Lump-Sum Advance Payment Strategy | For patents where the commercial value is well established (post-licensing, post-commercialisation), paying several years — or the remaining term — in advance removes the annual due-date risk entirely and can be administratively simpler for a small portfolio. We model whether advance payment or annual payment is more cost-efficient given the time value of money and the entity category's fee trajectory. | As decided — typically reviewed at year 5–7 of the patent term |
| 10 | Portfolio-Wide Compliance Calendar | For clients holding multiple patents (or patent families across divisional/PCT filings), we consolidate every renewal due date, grace period end date, and entity-category re-verification checkpoint into a single calendar, with proactive alerts well ahead of each due date rather than reactive scrambling near the deadline. | Ongoing — reviewed annually and updated on any new grant |
| 11 | Assignment & Licensing Coordination | When a patent is assigned or exclusively licensed, the assignee's entity category (not the original applicant's) governs future renewal fees, and the assignment itself should be recorded with the Patent Office (Form 16) so that renewal notices and the register reflect the correct current owner. We check this at every assignment event so renewal fee category and the recorded owner never fall out of sync. | As triggered by assignment/licensing events |
| 12 | Annual Status Reporting to Management / Board | For companies where patents are a disclosed asset (relevant for investor reporting, IP-backed lending, or balance sheet disclosure), we provide an annual portfolio status report confirming which patents are in force, which renewals are upcoming, and which (if any) require entity-category attention — useful documentation for board reporting and investor/lender due diligence. | Annually, or ahead of a funding/diligence event |
Realistic timeline for a straightforward on-time renewal: fee calculation and Form 15 filing typically completed within 3–5 working days once entity category is verified and payment authorised. Restoration under Section 60, where required, is a materially longer and less certain process — often several months to over a year depending on Controller workload and whether the restoration is opposed. On-time renewal is always cheaper, faster, and more certain than restoration.
Patent number and application number as granted by the Indian Patent Office
Deemed date of patent / date of filing — this is the anchor date from which every renewal due date is calculated and must be confirmed from the original grant certificate, not assumed
Current recorded applicant/patentee name and address for service exactly as it appears in the Register of Patents — any mismatch with your current legal name (post-merger, post-name-change) needs to be reconciled before renewal filing
Copy of the Patent Certificate / grant notification issued by the Controller
Details of any co-applicants, joint patentees, or licensees with a recorded interest in the patent
Valid, current DPIIT Startup Recognition Certificate — if claiming startup category fee — confirmed not expired, surrendered, or withdrawn at the date of payment
Valid, current Udyam Registration Certificate reflecting small-enterprise classification — if claiming small-entity fee — with turnover and investment figures still within the applicable Udyam small-enterprise thresholds
PAN and identity proof — if the applicant is claiming natural person category as an individual inventor/applicant
Any prior correspondence from the Patent Office regarding entity category classification for this specific patent
Record of renewal fees paid for all prior years since grant — to confirm no gap exists and the next due renewal year is correctly identified
Power of Attorney (Form 26) in favour of the patent agent/attorney filing Form 15 on the applicant's behalf, if not already on file with the Patent Office
Bank/payment authorisation for the renewal fee amount, calculated per the verified entity category and renewal year
Any existing acknowledgment or receipt from a previous renewal filing, for continuity of record
Date the renewal fee originally fell due and the date the 6-month grace period expired — both required to confirm the patent's lapse date and the 18-month restoration window
A clear, honest account of the circumstances leading to non-payment — the Controller's decision to restore turns substantially on whether the default was unintentional and whether there was undue delay in applying for restoration
Statement of case supporting the restoration application under Form 15A, prepared with patent counsel
Calculation of the unpaid renewal fee(s), the additional (late) fee, and the restoration fee — all payable together with the restoration application
Deed of Assignment or Licence Agreement, if the patent has changed hands since grant
Form 16 filing acknowledgment recording the assignment with the Patent Office — an unrecorded assignment leaves the register (and renewal notices) reflecting the prior owner
Entity category documentation for the assignee/licensee, as the assignee's category — not the original applicant's — governs the fee for renewals falling due after the assignment
Consolidated list of all patents held, with patent numbers, deemed dates, and current status (in force / grace period / lapsed / restoration pending)
Authorisation for PNPC to act as the single coordinating point across the portfolio, including instruction on whether individual patents should be renewed annually, in multi-year blocks, or via lump-sum advance payment
Any patents flagged internally as commercially inactive, where the client may prefer to make a considered decision to let the patent lapse rather than continue renewal payment
| Phase | Triggered By | PNPC CA Guidance | Risk If Ignored |
|---|---|---|---|
| Grant & Years 1–2 | Patent Certificate issued by Controller | Confirm the deemed date of patent from the grant certificate and set up the full renewal calendar for the 20-year term. No renewal fee is payable for years 1 and 2 under the current fee schedule — but the calendar must still be built now so nothing is missed from year 3 onward. | No renewal risk yet, but a wrongly recorded deemed date at this stage cascades into every later due-date calculation being wrong. |
| Years 3–10 — Early Renewal Cycle | Annual renewal due date under Section 53 | Verify entity category (startup/small entity/natural person/other) before every payment, calculate the correct fee, and file Form 15 with the appropriate Patent Office on or before each due date. Advise on whether multi-year advance payment makes sense once commercial value is established. | Missed due date → 6-month grace period with escalating additional fee → if still unpaid, patent lapses under Section 53(2) and falls into the public domain. |
| Years 11–20 — Escalated Fee Cycle | Annual renewal due date; fee schedule steps up significantly | Fees rise considerably in this band under the First Schedule — we re-confirm the commercial value of continuing to maintain the patent and present the cost-benefit clearly at each renewal, rather than auto-renewing a patent with declining commercial relevance without your active sign-off. | Continuing to pay a materially higher annuity on a patent with no ongoing commercial value, purely out of inertia — or conversely, allowing a still-valuable patent to lapse because the escalated fee wasn't budgeted for. |
| Grace Period (If a Due Date Is Missed) | Renewal fee not paid by the due date | Immediate alert and fee recalculation including the prescribed additional (late) fee under Rule 80(1A). We treat this as an active file, prioritised over routine renewals, given the 6-month hard cutoff. | If the grace period also lapses without payment, the patent is marked lapsed in the Register of Patents and restoration becomes the only remaining route — materially more expensive and uncertain. |
| Lapse & Restoration Window | Grace period expires unpaid | Assess in good faith whether restoration under Section 60 is viable (unintentional default, no undue delay in applying) and prepare Form 15A with a supporting statement of case within the 18-month window from lapse. | After 18 months from lapse, restoration is no longer available under Section 60 — the invention is permanently in the public domain and any competitor may use it freely, including one who was specifically waiting for the lapse. |
| Assignment or Licensing Event | Patent sold, assigned, or exclusively licensed | Confirm Form 16 is filed to record the assignment with the Patent Office, and re-assess entity category based on the assignee's (not the original applicant's) status for all renewals falling due after the assignment date. | Unrecorded assignment leaves renewal notices and the register pointing to the wrong party; incorrect entity-category fee post-assignment is a defect the Controller can raise later. |
| Portfolio Growth | Additional patents granted over time | Consolidate every new grant into the same master renewal calendar, cross-checking entity category consistently across the whole portfolio rather than patent-by-patent in isolation. | Portfolio tracked across disconnected spreadsheets or individual patent agents — increases the probability that one patent's due date is simply missed amid the volume. |
| End of 20-Year Term / Voluntary Lapse | Natural expiry at year 20, or a considered decision to stop paying | Confirm the patent's natural expiry date and remove it from the active renewal calendar; alternatively, if the client makes a considered business decision that a patent no longer merits its annuity, document that decision so it is deliberate, not accidental. | None if handled deliberately — the risk here is purely in confusing a deliberate non-renewal with an accidental one after the fact, which matters for internal IP asset records and investor disclosure. |
What is a patent annuity, and how is it different from the fee I paid when the patent was filed or granted?
The filing fee and examination-related fees are one-time costs paid to get the application processed and granted. The annuity (renewal fee) is a recurring fee paid every year from the 3rd year of the patent term onward, under Section 53 of the Patents Act 1970 and Rule 80 of the Patents Rules 2003, to keep the granted patent legally in force for its full 20-year term. No renewal fee is payable for years 1 and 2. Missing an annuity payment does not just risk a penalty — it causes the patent to lapse entirely, forfeiting the invention to the public domain.
What happens if I simply forget to pay a renewal fee on the due date?
Nothing happens automatically to alert you — the Patent Office does not send a mandatory advance reminder before a renewal falls due, and the patent does not lapse instantly either. A 6-month grace period is available under Section 53(2) read with Rule 80(1A), during which you can still pay the renewal fee along with a prescribed additional fee for late payment. If the fee is still not paid by the end of that 6-month window, the patent lapses and the invention effectively becomes free for anyone to use.
Can a lapsed patent be revived, and how much time do I have to try?
Yes, through an application for restoration under Section 60 of the Patents Act 1970, filed on Form 15A within 18 months from the date the patent lapsed. The Controller of Patents must be satisfied that the failure to renew was unintentional and that there was no undue delay in applying for restoration. Restoration is discretionary — it is not automatic simply because you apply within the window — and the application is published, giving third parties an opportunity to oppose it.
What is the fee category structure for patent renewals, and which one applies to my company?
The Patents Rules 2003 (First Schedule) set differentiated renewal fees for four categories: natural person (individual applicant), startup (holding valid DPIIT Startup Recognition), small entity (holding valid Udyam small-enterprise classification), and 'other' — which covers most companies that do not qualify for the concessional categories and pay the highest slab. The category is assessed based on the applicant's status at the time each fee is paid, not fixed at the original filing date.
Our company's DPIIT startup recognition has lapsed since we filed the patent. Does that affect our renewal fee?
Yes. Fee category is assessed at the time each renewal payment is made. If your DPIIT Startup Recognition Certificate is no longer valid — whether expired, surrendered, or withdrawn — you are no longer eligible for the discounted startup-category renewal fee for payments made after that point, and must pay at the applicable non-concessional ('other') rate, unless you separately qualify as a small entity under Udyam.
Is there a way to pay renewal fees for multiple years at once instead of annually?
Yes. Renewal fees can be paid in advance for a block of multiple years, or as a single lump sum covering the remaining term of the patent, under the Patents Rules 2003. This removes the annual due-date risk for that period and can be administratively simpler for a portfolio where the commercial value of the patent is well established. It requires committing the full amount upfront rather than spreading payments annually, so we model the cash-flow trade-off before recommending it.
What is the deemed date of patent, and why does it matter so much for renewal calculations?
The deemed date of patent is the anchor date — generally the date of filing of the application (or, for PCT national phase applications, the international filing date) — from which the 20-year patent term and every subsequent renewal due date is calculated. If this date is recorded or assumed incorrectly, every renewal due date calculated from it is wrong, which can cause a payment to be made too late (risking lapse) or unnecessarily early.
Do renewal fees increase over the life of the patent, or are they flat?
Renewal fees escalate significantly as the patent term progresses under the First Schedule of the Patents Rules 2003 — early years (from year 3) are comparatively inexpensive, and the fee rises considerably from around year 11 onward through to year 20. This is a deliberate policy design so that only inventions with genuine, ongoing commercial value are kept in force for the full term, while low-value patents are allowed to lapse naturally as the cost of maintaining them rises.
Who is a 'natural person' for the purposes of the concessional renewal fee, and can more than one individual jointly qualify?
A natural person, for renewal fee purposes, is an individual applicant or patentee — as distinct from a company, LLP, or other juristic entity. Where a patent is jointly held by two or more individuals only (with no corporate co-applicant), the natural person fee category can still apply. The moment a company or other juristic entity is added as a co-applicant or becomes the assignee, the applicable fee category for future renewals is assessed against that entity (which may then need to separately qualify as a startup or small entity, or pay the standard rate).
What is Form 15, and who can file it?
Form 15 is the prescribed form under the Patents Rules 2003 for payment of the renewal (annuity) fee to keep a granted patent in force. It is filed with the appropriate Patent Office — Delhi, Mumbai, Chennai, or Kolkata, determined by the applicant's registered address for service — typically through the IP India e-filing portal, either by the patentee directly or through an authorised patent agent under a Power of Attorney (Form 26).
What is Form 15A, and how is it different from Form 15?
Form 15A is the application for restoration of a lapsed patent under Section 60 of the Patents Act 1970 — used only after a patent has already lapsed due to non-payment of the renewal fee within the grace period. It requires a statement of the full facts and circumstances explaining the default, and is accompanied by payment of the outstanding renewal fee(s), the prescribed additional fee, and the restoration fee. Form 15 is the routine, on-time renewal payment form; Form 15A is the remedial, post-lapse restoration form.
Can a restoration application under Section 60 be opposed, and by whom?
Yes. Once a restoration application is published, any person may give notice of opposition within the prescribed period — most commonly a competitor or third party who began commercially using the invention after it lapsed and does not want the patent restored against their new use. If opposition is filed, the matter proceeds to a hearing before the Controller, who decides whether restoration should nonetheless be allowed, and third-party rights acquired during the lapsed period may be protected under Section 62 even if restoration is granted.
If my patent lapses and is later used by a competitor, can I still take action against them?
Once a patent has lapsed and has not been restored, the invention is in the public domain and can generally be used freely by anyone, including competitors — there is no infringement remedy available for use that occurs while the patent is lapsed. If the patent is later restored under Section 60, Section 62 specifically protects a third party who began using the invention in good faith during the lapsed period, meaning the restored patent cannot fully shut down that specific prior use even after restoration.
Does PNPC pay the renewal fee to the Patent Office directly, or does the client pay it?
PNPC calculates the exact fee due (based on the verified entity category and renewal year), prepares and files Form 15 through our patent agent relationship, and coordinates the payment authorisation with the client. The government fee itself is a statutory payment to the Patent Office and is kept as a separate, transparent line item from PNPC's professional/coordination fee in every invoice, so the client can see exactly what portion is the government charge versus the service fee.
How far in advance does PNPC alert clients before a renewal due date?
We build a portfolio-wide renewal calendar as soon as we take on a client's patents, with alerts set well ahead of each due date — typically at multiple checkpoints in the months leading up to the deadline, not a single last-minute reminder. Entity category (DPIIT/Udyam status) is re-verified at the same time, so the fee calculation is finalised and ready for payment authorisation before the due date arrives, not scrambled together after it has already passed.
We are considering letting a patent lapse deliberately because it no longer has commercial value. Is that a reasonable decision?
Yes — not every granted patent remains worth its escalating annuity for the full 20-year term, and a deliberate decision to stop renewing a patent that no longer supports an active product, licence, or competitive positioning is a legitimate commercial call. What matters is that the decision is made consciously and documented — rather than the patent lapsing by administrative oversight while it still had commercial relevance. PNPC presents the cost-benefit clearly at each renewal cycle so this is always a considered choice, not an accident.
What documents does PNPC need to take over renewal management for patents we already hold?
At minimum: the Patent Certificate (or patent number and deemed date of patent), the current recorded applicant/patentee details, a record of which renewal years have already been paid, and current DPIIT/Udyam certificates if a concessional fee category is being claimed. If a Power of Attorney is not already on file with the Patent Office in our patent agent's favour, Form 26 will need to be executed to allow us to file Form 15 on your behalf.
Does a change in company name or a merger affect an existing patent's renewal filings?
The Register of Patents needs to reflect the patentee's current correct legal name and address for service — a company name change, merger, or corporate restructuring should be recorded with the Patent Office so that renewal filings and correspondence are not made against an outdated or incorrect legal entity name. This is typically handled through the appropriate request/application to correct the register, and is worth doing promptly rather than allowing a mismatch to persist through multiple renewal cycles.
If a patent is jointly owned by co-inventors from different companies, who is responsible for paying the renewal fee?
Joint patentees are jointly responsible for the patent remaining in force — in practice, the co-ownership or joint development agreement between the parties should specify who bears the renewal cost and how the applicable fee category (which may differ between the co-owners) is determined and reconciled. Without a clear agreement, a mismatch in who is tracking and who is paying is exactly the kind of gap that leads to a missed renewal, since each party may reasonably assume the other is handling it.
How does an assignment or exclusive licence of a patent affect future renewal fees?
When a patent is assigned, the assignee becomes the patentee of record (once the assignment is formally recorded with the Patent Office via the prescribed request), and the assignee's entity category — not the original applicant's — governs the fee applicable to renewals falling due after the assignment. If a patent originally held by a DPIIT-recognised startup is assigned to a large corporate acquirer, subsequent renewals are payable at the standard (non-concessional) rate applicable to that acquirer, not the seller's prior discounted rate.
What is the difference between renewal fees for a patent and renewal fees for a trademark — are they the same process?
No — they are entirely separate systems governed by different statutes. Patent renewal (annuity) is governed by the Patents Act 1970 and Patents Rules 2003, is payable annually from year 3 of a 20-year term, and lapse/restoration is governed by Sections 53 and 60. Trademark renewal is governed by the Trade Marks Act 1999, is payable once every 10 years via Form TM-R, and a lapsed trademark can be restored within a different statutory window under separate rules. A business holding both patents and trademarks needs both tracked — on entirely different calendars with entirely different fee structures.
Is GST charged on patent renewal (annuity) fees paid to the Patent Office?
The statutory renewal fee paid to the Controller of Patents is a government fee and is not subject to GST. Professional or coordination fees charged by PNPC for entity-category verification, fee calculation, Form 15/15A preparation and filing, and portfolio calendar management are professional services and are subject to GST at the applicable rate under the current rate structure. PNPC separates the government fee and professional fee as distinct line items on every invoice.
Can renewal fees be paid online, or is a physical visit to the Patent Office required?
Renewal fee payment via Form 15 is filed electronically through the IP India e-filing portal, and payment can be made digitally at the time of filing. No physical visit to the Patent Office is required for a routine renewal. A restoration application under Section 60 (Form 15A) can similarly be filed electronically, though it may involve a Controller-directed hearing, which can be attended in person or, in many cases, via video conference depending on current Patent Office practice.
What is the Register of Patents, and how does it relate to renewal status?
The Register of Patents is the official record maintained by the Patent Office under the Patents Act 1970, recording each granted patent's number, patentee details, assignments, licences, and — critically for renewal purposes — the current renewal/lapse status. It is the authoritative source PNPC checks against a client's own internal spreadsheet at the start of every engagement, since the register reflects the Patent Office's actual record, which can occasionally differ from a client's internal tracking due to past filing gaps or unrecorded assignments.
Our patent portfolio includes both India patents and foreign patents (US, EU, or others). Does PNPC manage foreign renewal deadlines too?
PNPC's direct filing relationship is with the Indian Patent Office for Indian patents. For foreign patents, renewal (maintenance fee) rules, deadlines, and fee structures are entirely jurisdiction-specific — US maintenance fees, for example, follow a completely different schedule (payable at 3.5, 7.5, and 11.5 years) than the Indian annual annuity structure. For clients with a multi-jurisdiction portfolio, PNPC coordinates with foreign patent agents in the relevant jurisdictions so the client has one point of contact even though the underlying filings are made locally in each country.
How much does PNPC charge for ongoing patent renewal management?
Professional fees depend on portfolio size (a single patent versus a multi-patent, multi-jurisdiction portfolio), whether entity-category verification is straightforward or complex (e.g., multiple co-applicants with different statuses), and whether any restoration work is required. We provide a written, fixed-fee quote for the ongoing renewal engagement before commencing, so there are no surprise charges — any restoration work, if it arises, is quoted and agreed separately given its materially different scope and risk profile.
If I switch to PNPC for renewal management mid-term, will you catch a renewal that is about to become due very soon?
Yes — our intake process for a new patent portfolio always includes an immediate check of the deemed date, all prior renewal payments, current entity category, and any upcoming or recently-passed due dates, precisely because clients most often approach us either proactively before a deadline or, less ideally, shortly after discovering one has been missed. We prioritise this check ahead of building the longer-term calendar so nothing already in motion is missed during the handover.
Does holding a patent in force (versus letting it lapse) matter for investor due diligence or a funding round?
Yes. Investors and acquirers conducting IP due diligence routinely check whether a company's disclosed patent portfolio is actually in force — a patent that has silently lapsed due to a missed renewal, while still being represented internally (or to investors) as an active asset, is a material discrepancy that surfaces during diligence and damages credibility, independent of the invention's underlying value. Maintaining accurate, verified renewal status is part of keeping your IP portfolio genuinely diligence-ready, not just paper-ready.
What is the practical difference between renewing annually versus paying a lump sum for the remaining patent term, in terms of total cost?
Paying annually means you pay the fee applicable in each specific year as it falls due, spread over time; paying a lump sum for the remaining term means committing the total of all remaining years' fees (at their prescribed rates) in a single payment now. Whether lump-sum payment is cheaper in real terms depends on how the fee schedule for the remaining years compares with the time value of money and your entity category's fee trajectory — it is not automatically cheaper or more expensive, and we model both before recommending one over the other for a specific patent.
Why should I use PNPC for patent renewal management instead of my patent attorney or a standalone renewal-tracking service?
A patent attorney typically focuses on drafting, prosecution, and enforcement — renewal tracking is often a secondary administrative function for them, sometimes outsourced further to a separate renewal service with no visibility into your broader business or corporate structure. PNPC integrates renewal management with your entity category verification (DPIIT/Udyam status, which is a corporate compliance matter, not a patent-law matter), your broader IP portfolio (trademarks, copyrights), and your overall compliance calendar — one team with full context, rather than a renewal reminder service that only knows the patent number and due date.
What is the very first thing PNPC does when we bring an existing patent portfolio to you for renewal management?
We independently verify each patent's deemed date, confirm the Register of Patents' current status against your internal records, check whether any renewal is currently within or has already passed its grace period, and re-verify entity category evidence (DPIIT/Udyam certificates) for currency. Only after this reconciliation do we build the forward-looking renewal calendar — the intake process itself is designed to surface any existing problem before it becomes a missed deadline on our watch.
Can PNPC also help if we want to let some patents in our portfolio lapse and focus renewal spend only on our core inventions?
Yes — a portfolio-wide renewal review is a natural part of our ongoing management service, particularly as fees escalate from year 11 onward. We present the commercial relevance, remaining term, and escalating fee trajectory of each patent so you can make a deliberate, informed decision on which patents merit continued investment and which can be allowed to lapse — rather than defaulting to renewing everything indefinitely or, at the other extreme, missing renewals on patents that still matter simply because no one reviewed the full list.
| Feature | Self-Managed (Internal Spreadsheet) | Standalone Renewal-Tracking Service | PNPC Global (CA Firm Coordination) |
|---|---|---|---|
| Due-date accuracy | Depends entirely on correct manual entry of the deemed date; no independent verification | Tracks the date provided at onboarding; rarely re-verifies against the Patent Office register | Independently verified against the Register of Patents and the original grant certificate at intake and on any discrepancy |
| Entity category re-verification | Rarely revisited after initial filing; DPIIT/Udyam lapses go unnoticed | Usually assumes the category provided at onboarding remains valid indefinitely | Re-verified against live DPIIT/Udyam records before every single renewal payment |
| Grace period and restoration handling | Often discovered only after the fact, when correspondence arrives | Sends a reminder but typically does not handle Form 15A restoration work itself | Actively monitored as an escalated item; Form 15A restoration prepared and coordinated with patent counsel if needed |
| Integration with broader IP and corporate compliance | None — a standalone spreadsheet with no link to DPIIT/Udyam status changes or company restructuring events | None — tracks only the patent renewal date in isolation | Integrated with the client's DPIIT/Udyam status, trademark/copyright calendar, and broader annual compliance calendar |
| Assignment and licensing coordination | Manual — easy to miss updating fee category after an assignment | Limited — usually not proactively flagged unless separately instructed | Checked at every assignment/licensing event so entity category and recorded ownership stay in sync |
| Portfolio-wide reporting for investors/board | Ad hoc, usually built only when specifically requested for a deal | Not typically offered as a standard service | Annual portfolio status report available proactively, ahead of funding or diligence events |
| Cost of errors | Full loss of the patent if a due date and grace period are both missed unnoticed | Reduced but not eliminated — reminder-only services do not catch entity-category or ownership-record errors | End-to-end verification designed specifically to catch the errors that cause silent lapses |
What the PNPC package includes
- 01
Full intake reconciliation — deemed date verification, Register of Patents cross-check, and payment history review for every patent in the portfolio
- 02
Entity category verification (natural person / startup / small entity / other) re-confirmed before every renewal payment
- 03
Fee calculation across annual, multi-year block, and lump-sum payment structures with a clear cost-benefit comparison
- 04
Form 15 preparation and filing through an established patent agent relationship, with Power of Attorney (Form 26) coordination
- 05
Active grace-period monitoring with escalated alerts if any due date is missed
- 06
Section 60 restoration assessment and Form 15A preparation, including statement of case drafting with patent counsel, if a lapse occurs
- 07
Coordination with patent counsel on opposition proceedings if a restoration application is contested
- 08
Assignment and licensing event tracking — Form 16 recording coordination and post-assignment entity-category reassessment
- 09
Portfolio-wide consolidated renewal calendar covering all patents, PCT national phase entries, and divisional filings
- 10
Annual portfolio status report suitable for board reporting, investor updates, and IP-backed lending or acquisition due diligence
- 11
Integration with the client's broader IP compliance calendar (trademarks, copyrights) and corporate/DPIIT/Udyam compliance tracking
- 12
Coordination with foreign patent agents for clients holding a multi-jurisdiction patent portfolio alongside Indian patents
Speak with a PNPC Chartered Accountant before your next renewal falls due. We will independently verify your patent's deemed date, confirm your entity category against current DPIIT/Udyam records, and give you an honest, written assessment of your renewal position — including whether any patent in your portfolio is already inside its grace period.