Section 53 – Term of Patent

  • Those patents with validity and granted after 2002 [Patents (amendment) Act, 2002] will have a validity of 20 years from the date of filing the application.
    • For international applications filed under PCT designating India, the validity shall be 20 years from the date of international filing as per PCT.
  • If the renewal fee to the Government is not paid or if a patent is not maintained as per the time given (including grace time) properly the patent will get cancelled (not be valid).
  • No protection of rights for those patents which gets cancelled due to such non payment of renewal fee.

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