When and How to Renew Your Patents, Trademarks, and Copyrights

Protecting your creative and innovative assets is not just about getting legal rights over them; it’s also about maintaining those rights over time. In India, intellectual property (IP) protection comes with validity periods, after which you must renew your registration to continue enjoying exclusive ownership. Many businesses rely on IP law firms in India to ensure they never miss renewal deadlines for their patents, trademarks, and copyrights. Missing these deadlines can lead to losing your rights, allowing competitors to exploit your original creations.

This article explains when and how to renew these three major types of IP in India, along with some practical tips to make the process smooth.

Importance of Renewals 

Owning a registered patent, trademark, or copyright is like owning a valuable asset. Over time, your invention, brand, or creative work can generate significant commercial value. However, if you do not renew them on time, your legal protection will lapse, and others can use your work freely without your consent.

Renewals ensure:

• Continuous legal protection from infringement.
• Commercial benefits by keeping your monopoly over the asset.
• Brand reputation and recognition by preventing misuse.

Patent Renewal in India

Validity of Patents

In India, a patent is valid for 20 years from the filing date. Unlike trademarks and copyrights, a patent’s life cannot be extended beyond 20 years. However, you must pay renewal fees every year after the patent is granted.

When to Renew

Patent renewal fees are due every year starting from the 3rd year of the patent until the 20th year. The payment must be made before the expiration date to avoid penalties.

How to Renew

• Identify the due date mentioned in your patent certificate.
• Submit Form 4 under the Indian Patent Rules.
• Pay the renewal fee as prescribed in the fee schedule (amount varies depending on whether the applicant is an individual, small entity, or large entity).
• Keep payment receipts and an acknowledgement from the Patent Office.

Grace Period: If you miss the renewal date, you have a 6-month grace period with a late fee to restore the patent.

Trademark Renewal in India

Validity of Trademarks

A registered trademark is valid for 10 years from the date of application and can be renewed indefinitely every 10 years.

When to Renew

You can apply for renewal within 12 months before expiration. It’s best to initiate the process early to avoid last-minute issues.

How to Renew

• File Form TMR with the Trademark Registry.
• Pay the renewal fee as per the current rates.
• The renewal can be for the same mark, same owner, and same goods/services.

If you forget to renew within the due period, you still have a 6-month grace period with an additional late fee. After that, the trademark can be removed from the register, and you will have to apply for restoration.

Copyright Renewal in India

Validity of Copyrights

The renewal process for copyrights is different because the validity period is longer. For most works, copyright lasts for the lifetime of the author plus 60 years after their death.

For works like cinematograph films, sound recordings, photographs, and posthumous publications, the 60-year term is counted from the date of publication.

When to Renew

Most copyrights do not require formal renewal during the author’s lifetime. However, for certain licenses or agreements related to copyrighted works, renewal may be necessary depending on the terms.

How to Renew

For extending or reregistering rights in certain copyright agreements, you must approach the Copyright Office with the prescribed forms and fees. Also, you must maintain records of your original registration and proof of ownership.

Best Practices for IP Renewals

• Keep a Calendar: Mark all renewal deadlines in a digital calendar with reminders.
• Hire Professionals: Partnering with experienced IP law firms ensures timely renewals without legal mistakes.
• Maintain Updated Contact Information: Many renewal notices are sent via email or postal mail.
• File Early: Don’t wait until the last month, as government processing can take time.
• Maintain Proof of Payments: Keep all receipts and acknowledgements safe in case of disputes.

Conclusion

Renewing patents, trademarks, and copyrights in India is a crucial step in safeguarding your intellectual property. Each type of IP has different validity periods and renewal procedures, so staying organized and proactive is key. Whether you’re an individual creator, a startup, or a large enterprise, overlooking renewals can cost you more than just money in the form of your brand identity and competitive edge. 

Working with experienced IP law firms or an expert intellectual property lawyer can make the process hassle-free and ensure you never lose your valuable rights due to missed deadlines. By being proactive about renewals, you can protect your innovations, creative works, and brand legacy for years to come.

  Categories : Patent
  Tags : best ip law firms in India , Patent Attorney in India