July 21, 2025 by Sarika Kumari
If you've filed or are planning to file a patent, one of the most common and important questions is:
Patent protection is not indefinite. Every patent has a limited term after which your invention enters the public domain—meaning anyone can use it without your permission.
This guide covers how long patents last in India and internationally, the conditions for maintaining them, and what happens when a patent expires.
20 years from the filing date (not the grant date), provided the patent is renewed annually.
The 20-year term applies to utility patents (for inventions) across most jurisdictions including India, US, EU, China, Japan, etc.
If the patent is abandoned or the renewal fees are not paid, protection ends early.
The 20-year term is counted from the earliest priority date (usually the provisional or complete filing date in India).
|
Type of Patent |
Duration |
Notes |
|
Utility Patent (Invention) |
20 years |
Subject to annual renewal |
|
Design Patent (India) |
10 years (extendable by 5) |
Total up to 15 years |
|
US Design Patent |
15 years from grant |
No renewal needed |
|
Plant Patent (US) |
20 years |
From filing date |
|
Provisional Application (India) |
12 months |
Must be converted to complete spec |
To keep your Indian patent alive, you must pay renewal (maintenance) fees:
From 3rd year onwards (within 2 years from the grant date or earlier)
Valid for 1 year at a time
Can be paid in advance for 2–5 years
Delay in payment can be remedied within 6 months with a late fee
|
Year |
Renewal Fee – Individual/Startup (INR) |
Large Entity (INR) |
|
3rd to 6th year |
₹800 – ₹2,400/year |
₹4,000/year |
|
7th to 10th year |
₹2,000 – ₹6,000/year |
₹10,000/year |
|
11th to 15th year |
₹4,000 – ₹12,000/year |
₹20,000/year |
|
16th to 20th year |
₹8,000 – ₹24,000/year |
₹40,000/year |
|
Country |
Standard Duration |
Notes |
|
India |
20 years |
From filing date |
|
USA |
20 years |
Some adjustments possible (e.g., delays by USPTO) |
|
Europe (EPO) |
20 years |
May vary based on national phase |
|
China |
20 years |
Strict renewal enforcement |
|
Japan |
20 years |
Extensions possible for pharmaceutical patents |
Once your patent term ends:
The invention enters the public domain
Anyone can make, use, sell or modify your invention without permission
You can no longer enforce IP rights against competitors
A 20-year monopoly is a powerful tool—but it comes with responsibilities. Missing renewals or filing errors can cut that window short.
Use your patent term to:
Commercialize or license your technology
Raise funding or build partnerships
Expand protection internationally
Enforce rights against infringers
A well-timed filing and strategic renewal plan ensures you get the maximum commercial value from your patent lifecycle.
Q1. Can a patent be renewed after 20 years?
👉 No. Patent protection expires permanently after 20 years.
Q2. Is the 20-year term from filing or grant date?
👉 It is counted from the filing date (priority date), not the grant date.
Q3. What if I miss paying the renewal fee?
👉 You get a 6-month window to pay with late fees. After that, the patent lapses.
Q4. Can I extend the patent term in India?
👉 No. India does not allow patent term extensions (unlike US/EU for some pharma cases).
Q5. What happens to a provisional application after 12 months?
👉 It must be converted into a complete application within 12 months or it lapses.