July 23, 2025 by Abhishek Chauhan
Patent restoration is a legal remedy under Indian patent law that allows the patentee to revive a lapsed patent, provided the lapse occurred due to unintentional non-payment of renewal fees. The Indian Patent Office (IPO) enables this through a formal procedure laid down in the Patents Act, 1970 and Patent Rules, 2003, primarily via Form 15.
This mechanism exists to protect inventors and patentees from the permanent loss of patent rights due to administrative oversights or bona fide mistakes—ensuring innovation is not penalized for clerical errors.
| Legal Provision | Content |
|---|---|
| Section 60 | Restoration of lapsed patents |
| Rule 84, Patents Rules | Procedural mechanism for restoration |
| Form Required | Form 15 – Application for Restoration |
| Section 61(3), Rule 86(1) | Additional fee and time limit post-approval |
Even diligent IP owners may unintentionally default on their renewal obligations. Common causes include:
Failure to receive or act on IPO reminders
Staff turnover or internal restructuring
Absence of a centralized IP management system
Misinterpretation of due dates or grace periods
Ignorance of the escalating renewal fee schedule
With patent portfolios spanning jurisdictions and decades, manual tracking often fails. Patent monitoring software ensures:
| Feature | Benefit |
|---|---|
| Auto Reminders | Tracks renewals, grace deadlines, FERs, and more |
| Central Dashboard | Manages Form 27, oppositions, annuities, etc. |
| Workflow Automation | Triggers early alerts to prevent lapses |
| Secure Records | Maintains filings, payments, legal correspondence |
| Portfolio Analytics | Helps prioritize patents based on commercial ROI |
| Event | Timeline |
|---|---|
| Lapse Trigger | 6 months post renewal due date (grace period ends) |
| File Form 15 | Within 18 months from the date of lapse |
| Journal Publication | IPO publishes application; 2-month opposition window |
| Controller’s Decision | Post-opposition window or clarification, if needed |
Include statement explaining unintentional lapse
Pay Form 15 fee and attach supporting documents
Pay all pending renewal fees and surcharges
Assesses whether the default was unintentional
May seek additional justification or evidence
Restoration request is published for transparency
Third parties may file opposition within 2 months
If no opposition or objections are resolved, the Controller passes an order restoring the patent
Restoration involves multiple fee components under the Patents Act and Rules:
| Applicant Category | Electronic Filing | Physical Filing |
|---|---|---|
| Individual / Startup / Small Entity | ₹ 2,400 | ₹ 2,650 |
| Others (Large Entities) | ₹ 12,000 | ₹ 13,200 |
Payable within 1 month of restoration order
| Applicant Category | Electronic Filing | Physical Filing |
|---|---|---|
| Individual / Startup / Small Entity | ₹ 4,800 | ₹ 5,300 |
| Others (Large Entities) | ₹ 24,000 | ₹ 26,400 |
| Area | Effect |
|---|---|
| Patent Reactivated | Full legal rights resume prospectively |
| No Retrospective Claim | Cannot claim infringement damages during lapsed period |
| Resume Licensing | Can monetize and enforce rights again |
Best Practices:
Use automated patent monitoring tools
Set calendar alerts for all jurisdictions
Assign responsibilities within your team
Outsource to legal-tech IP firms with compliance dashboards
Enable multi-country tracking for international patents
Monitor Form 27, FERs, and renewals proactively
The Indian Patents Act provides patentees with a second chance through restoration. But restoration is not without cost—both monetary and strategic. The smarter move is prevention.
Embrace tech-enabled patent management, automate renewals, and treat IP like the strategic asset it is.
Don't rely on spreadsheets—invest in compliance and innovation.
Q1. Can I restore a patent after 2 years of lapse?
👉 No. The law permits restoration only within 18 months of lapse.
Q2. What forms and fees are needed?
👉 File Form 15 with applicable restoration fee, missed renewals, and the post-restoration fee under Section 61(3).
Q3. What happens to rights during the lapsed period?
👉 You lose all enforceable rights. No infringement claims can be made.
Q4. Can third parties oppose restoration?
👉 Yes. They can oppose within 2 months of journal publication under Rule 84(3).
Q5. How can I avoid missing renewals again?
👉 Use IP monitoring software or hire an IP compliance firm.