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Patent protection is granted for a period of twenty years by different patent offices. To enjoy the benefits of a patent, the patentee has to pay renewal fees on time. The renewal fee must be paid before the expiration of the second year from the date of the patent. The renewal fee is paid before the end of each succeeding year, or the patent will expire. Patents filed in India via PCT have a term calculated from the date of international filing of the application, but the renewal fee is only applicable after the patent has been granted.
The patentee has 18 months from the date of lapse/cessation, to file an application to restore the expired patent.
The patentee must submit a petition to the Patent Office controller for restoration of the patent; however, the patentee must provide a reason and sufficient evidence for the delay in payment of renewal costs. If the Controller is satisfied with the reason and evidence that the failure to pay renewal fees was unintentional, the application and patent will be published in the official record, and the patent rights will be restored.