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  • Post-grant Requirements

Can a patent be restored if it has expired due to non- payment of renewal fee?

  • January 04
  • Date: January 4, 2017
    • 0
    • 3467

Can a patent be restored if it has expired due to non- payment of renewal fee?

In case a patent expires due to non-payment of renewal fee, the patentee may file a request for restoration of the patent. The request for restoration must be filed within 18 months of expiry of the patent. Also, the patentee will be required to demonstrate that the failure in payment of renewal fee...
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  • January 04
  • Date: January 4, 2017
    • 0
    • 3465

What information is required to be furnished in the “Statement of Working”?

The patentee is required to furnish the following information in the “Statement of Working”: Whether or not the invention has been worked on a commercial scale in India. If worked, the quantum and value of the patented product in India. If not worked, reasons for not working the patented product...
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  • January 04
  • Date: January 4, 2017
    • 0
    • 3497

Are there any post-grant requirements which are to be fulfilled by the patentee?

Other than renewal fees, the patentee is required to furnish a “Statement of Working” every year till the expiry of the patent. This requirement may be met by the patentee or the licensee of the patentee. This statement is required to be submitted in respect of every calendar year, by 31st of Ma...
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  • January 04
  • Date: January 4, 2017
    • 0
    • 3502

When is renewal fee payable in India?

The renewal fee becomes due on the anniversary of the patent’s filing date. The patentee may pay the renewal fee every year or may pay renewal fee for 2 or more years in advance....
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  • January 04
  • Date: January 4, 2017
    • 0
    • 3420

Is there requirement of paying a separate sealing fee/issue fee in India?

There is no requirement of paying any separate sealing fee/issue fee, other than renewal fees which becomes due upon grant of the patent....
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  • January 04
  • Date: January 4, 2017
    • 0
    • 3414

What are the immediate steps required to be taken once a patent has been granted?

After the grant of the patent, the patentee is required to pay the renewal fee accumulated third year onwards till the date of grant of the patent. This accumulated renewal fee must be paid within three months of date of grant of the patent. Extension of six months is also available for payment of a...
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