Patent Annuity / Renewal Status in India: How to Check and Pay (2026)

How-To Guide · Patents

Updated for 2026 · Claw Editorial

An Indian patent does not stay alive on its own. Every year you must pay a renewal fee, also called an annuity, or the patent can lapse and your rights end. Many owners miss this because no one sends a firm reminder. This guide explains who must pay, when the fee falls due, how to check what is pending, how to pay on the Indian Patent Office (IPO) system, what the 6-month extension gives you, and what to do if the patent has already lapsed.

01Why patent renewal matters

Getting a patent granted takes years. Losing it because a yearly fee was not paid takes one missed date. Under the Patents Act, 1970, a patent can run for 20 years from the date of filing, but only if renewal fees are paid on time. If they are not, the patent ceases to have effect.

The risk is higher for companies and individual inventors who hold a few patents and have no docket system. A patent granted late may also have several years of fees due at once, which is easy to overlook.

Quick answer: Indian patents need renewal (annuity) fees from the 3rd year to stay in force. You can check what is due and pay on the IPO portal. If you miss the date, a limited 6-month extension is available with a fee, and a lapsed patent may be restored by following the restoration process.

02When is the renewal fee due?

The rule is Rule 80 of the Patents Rules, 2003, read with the First Schedule for the fee amounts. In simple terms:

• First renewal: payable from the 3rd year. The fee for the 3rd year must be paid before the second anniversary of the date of the patent ends.
• Every year after that: the fee for each following year must be paid before the previous year ends, so on or before each yearly anniversary.
• Date used: the count runs from the date of the patent, which is normally the date of filing (for a PCT national phase case, check the international filing date).
• Grant after the due date: if the patent is granted after a renewal date has passed, the fees that have fallen due are payable together, within the time the rules allow.

Fee amounts depend on the year of the patent and the type of applicant (for example natural person, small entity, or other). The amounts were revised by the Patents (Amendment) Rules, 2024, so always take the figure from the current First Schedule or the fee calculator, not from an old article.

03How to check and pay patent annuity, step by step

Follow these steps. Keep the patent number or application number ready.

1. Find the date of the patent. This is usually the filing date on the grant certificate or the application record. Every yearly due date is built from it.
2. Count the year you are in. Mark the next anniversary. The fee for the coming year must reach the IPO before that date.
3. Check the status and last fee paid. Search the patent on the IPO public search and e-register on ipindia.gov.in. Look at the renewal or fee entries to see up to which year the fees are paid. Confirm the patent is shown as in force and not ceased.
4. Check the fee for the year. Use the fee details and the First Schedule to find the amount for your applicant category.
5. Log in to the IPO e-filing system. Use the patentee or agent login. File the renewal fee request for the patent and the years you want to pay.
6. Pay online. Pay the fee through the payment gateway on the portal and download the payment receipt.
7. Save proof. Keep the receipt and the filing acknowledgment. Check the e-register after a few days to confirm the fee is shown as paid.
8. Set the next reminder. Put the next due date in a calendar with an alert at least 60 days before it.

You can pay several years in advance. Many owners do this to avoid a missed date, but the fee for each year is still based on the schedule in force when you pay.

04The 6-month extension

If you miss the due date, Rule 80 lets you ask for more time. The time to pay the renewal fee can be extended by up to 6 months. You must make the request in Form 4 and pay the extension fee set in the First Schedule, along with the renewal fee itself.

• The request must be made within the 6-month window after the due date.
• The extension fee is extra and depends on how late you are.
• If you pay inside this window, the patent is treated as continuing without a break.

Do not plan around the extension. It costs more, and it leaves no room for a payment error.

05If the patent has lapsed

If the fee and the extension window both pass, the patent ceases to have effect. It is not always the end. Section 60 of the Patents Act allows the patentee to apply for restoration, within the time the Act sets, by showing that the failure to pay was unintentional and that there was no undue delay. The Controller then decides after the procedure in the rules, including publication and a chance for others to oppose.

Restoration needs a proper application with reasons, evidence, and the fees due. It is a slower and riskier path than paying on time. We explain the time limit, the form and the test in patent restoration in India under Section 60.

Also note that a person who started using the invention honestly while the patent was lapsed may have limited protection under the Act. That is a reason to act fast, not to wait.

06Common mistakes to avoid

• Using the grant date instead of the filing date to count years.
• Trusting an old fee table. Fees change by rule amendment. Check the current schedule.
• Paying at the last minute. A payment gateway failure on the last day can cost you the patent or force an extension fee.
• Leaving it to one person. If the agent changes or an employee leaves, the reminder often goes with them.
• Not saving the receipt. You may need it later to prove payment.
• Ignoring family members. A portfolio has many patents with different dates. One calendar for all of them is safer than memory.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Renewal fees are paid on the IPO portal, not in court, but a patent is only worth as much as your ability to defend it, and patent disputes are fought in the courts. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds, with Supreme Court judgments from 1950 and High Court judgments from 1990, so you can read how courts have decided patent matters. Claw does not use your case documents to train its AI models.

Create a FREE Claw account to search patent and other court matters by party or advocate name. To search the wider body of law across India, see case search across Indian courts.

08Sources and further reading

• Indian Patent Office (official portal): ipindia.gov.in
• Patents Rules, 2003, Rule 80 (renewal of patents): ipindia.gov.in, Rule 80
• Claw: clawlaw.in

This guide is general information, last verified in October 2026, and is not legal advice. Confirm fees, forms and time limits on the IPO website or with a registered patent agent before you act.

09Frequently asked questions