July 29, 2025 by Amit Kumar
In India, a patent is granted for a term of 20 years, provided the patentee pays prescribed renewal fees annually (starting from the 3rd year until the 20th). Failure to pay such renewal fees leads to the lapse or expiration of the patent.
But that’s not always the end of the road.
Under Indian law, a lapsed patent may be restored within a strictly limited window, provided the lapse was unintentional.
This article explains:
Legal procedure under Section 60 of the Patents Act
Time limits and forms
Controller’s discretion
Business consequences
Best practices to prevent lapses
| Legal Provision | Purpose |
|---|---|
| Section 53 – Patents Act, 1970 | Defines the 20-year patent term and annual renewal requirement |
| Section 60 – Patents Act | Restoration of lapsed patents due to non-payment |
| Rule 84 – Patent Rules, 2003 | Details restoration procedure |
| Section 61(3) | Conditions imposed by the Controller on restored patents |
| Form 15 | Prescribed form for restoration application |
| Rule 86(1) | Governs additional fees payable based on delay and excess pages/claims |
| Event | Timeline |
|---|---|
| Renewal due | Annually from 3rd year onward |
| Grace Period | 6 months from the renewal due date (can pay with late fee) |
| Lapse Date | Patent lapses after 6 months of missed payment |
| Restoration Filing | File Form 15 within 18 months from lapse date |
| Extension Possibility | No further extension beyond 18 months permitted |
Must include a statement and evidence explaining why the lapse was unintentional
Must be filed within 18 months of the patent lapse
Govt. Fee (as per 2024 update):
₹8,000 (Individual/Startup/Small Entity)
₹40,000 (Others)
Renewal fee for each missed year (3rd year onward)
Additional fee based on:
No. of claims exceeding 10
Total pages exceeding 30
Sequence listings, if applicable
Determines whether lapse was unintentional
May ask for further clarification, proof, or hearing
Restoration application is published
Any third party may oppose within 2 months (via Rule 84(3))
If no opposition or valid objections, Controller restores the patent
Restoration effective from date of order (not retrospective)
Section 61(3): Controller may impose conditions to protect third-party interests
Patent No.: ABCD
Patent Title: “..............................................”
Application Date: 15th March 2012
Priority Date: 15th March 2012 (India - earliest filing)
Patent Granted: 1st July 2016
Patent Expiry Date (20 years from filing): 15th March 2032
Renewal Due for 8th Year: 1st July 2023
Grace Period Ended: 31st December 2023
Patent Lapsed: 1st January 2024
XYZ Biotech, failed to pay the 8th-year renewal fee.
On 18th April 2024, XYZ filed Form 15 for restoration, submitting:
Missed renewal fee (8th year): ₹4,000
Additional fee (claims >10, pages >30): ₹2,400
Restoration fee (Form 15): ₹8,000 (small entity)
The application included an affidavit with documentary evidence (emails, resignation letters, and board notes) showing that the lapse was unintentional.
The Controller published the application in the Patent Journal on 10th May 2024. No opposition was filed within the statutory 2-month period.
On 22nd July 2024, the Controller restored the patent. However, under Section 61(3), a condition was imposed that XYZ could not initiate infringement proceedings against a third-party oncology distributor who had started using a similar drug delivery technology during the lapsed period (January to July 2024).
| Business Impact | Risk |
|---|---|
| Loss of Enforcement Rights | Cannot sue for infringement during lapsed period |
| Royalty Revenue Impact | Licensees may terminate or withhold payment |
| Asset Devaluation | Lapsed patent loses asset value on books |
| Market Exclusivity Lost | Competitors may legally use the invention |
| Reputational Harm | Signals weak IP governance to investors or partners |
| Factor | Restoration | New Filing |
|---|---|---|
| Right Continuity | Retains original priority date and term | New 20-year term, but novelty issues may arise |
| Time to Grant | Faster (if already granted) | Entire prosecution starts again |
| Cost | High fees but limited process | Full drafting, prosecution, examination fees again |
| Risk | Subject to opposition | Same risks apply, plus novelty may be compromised |
1️⃣ Missed Renewal Fee
⬇️
2️⃣ Due Date + 6-Month Grace Period Ends
⬇️
3️⃣ File Form 15 within 18 Months
⬇️
4️⃣ Controller Examines → Journal Publication
⬇️
5️⃣ Opposition Window (2 Months)
⬇️
6️⃣ Restoration Granted with Conditions (if any)
Use patent monitoring software with automatic renewal tracking
Set up multi-level email alerts across your team
Outsource to IP law firms or legal-tech platforms
Maintain updated Form 27 (working statements) annually to show patent is in use
Use Form 15 proactively—do not wait for 17th month
Patent restoration is a safety net—not a substitute for strategic compliance. Use it wisely, but structure your IP management to prevent lapses in the first place.
If your patent has lapsed and is still commercially viable, act quickly, file Form 15, and work with IP experts to preserve your rights.
In innovation, timing is everything—even when recovering lost rights.
Q1. Can a patent be renewed after expiry?
👉 Yes, but only if the lapse was due to unintentional non-payment and restoration is sought within 18 months.
Q2. What if someone starts using the invention during the lapsed period?
👉 You cannot sue them for past infringement, and the Controller may impose conditions to protect such use.
Q3. Is restoration available for design or trademark rights?
👉 No, restoration procedure in India is specifically applicable to patents under Section 60.
Q4. Can I license a restored patent?
👉 Yes, once restored, you regain all rights—though you cannot backdate rights to the lapsed period.
Q5. Is it better to restore or re-file?
👉 Restoration is faster and cheaper if done timely; re-filing risks prior art or loss of protection.