Patent Restoration in India: Legal Remedy for Reviving Lapsed Patent Rights

July 23, 2025 by Abhishek Chauhan

Learn how to restore a lapsed patent in India-process, required documents, deadlines, and tips to safeguard IP rights and avoid unintentional lapses.

What Is Patent Restoration?

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 Framework: Patents Act & Rules

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

Why Do Patents Lapse?

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

Consequence: The patent is recorded as “ceased” in the register and becomes unenforceable—eliminating protection and potential licensing revenues.

Patent Monitoring & Management Tools

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
IP service providers like QuickComopany can also manage this end-to-end.

Restoration Timeline

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
Illustration:
Patent renewal due: 31 March 2024
Grace period ends: 30 September 2024
Form 15 deadline: 31 March 2026

Step 1: File Form 15

  • Include statement explaining unintentional lapse

  • Pay Form 15 fee and attach supporting documents

  • Pay all pending renewal fees and surcharges

Step 2: Controller's Examination

  • Assesses whether the default was unintentional

  • May seek additional justification or evidence

Step 3: Publication in Patent Journal

  • Restoration request is published for transparency

  • Third parties may file opposition within 2 months

Step 4: Final Decision

  • If no opposition or objections are resolved, the Controller passes an order restoring the patent

Fees for Restoration

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
Additional Fee (Section 61(3) & Rule 86(1))

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
Missed Renewal Fees
All unpaid annuity fees, including surcharges (if filed within the 6-month grace period), must be cleared before or along with the restoration request./strong>

What Happens After Restoration?

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

How to Prevent Future Patent Lapses

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

Conclusion

Restore What’s Lost—Then Future-Proof It

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.

FAQs – Restoration of Patent in India

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.

Patent Restoration