Manual explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A patent in India stays alive only while its renewal fee is paid. Paragraphs 11.01 and 11.02 of the Manual explain how the Office handles renewal, what happens when a fee is missed, and how a lapsed patent can be restored on application. This article gives the Office's practice; the rule and section posts carry the legal text.
The Manual is the Patent Office's guidance and does not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as now in force prevail. The Office revises its manuals, so check the current version on ipindia.gov.in.
The renewal fee is due at the expiry of the second year and each later year, and must be paid before that year ends. A six-month extension is available on Form 4 with a fee. A patent that lapses can be restored on Form 15 within the period the Manual states, if the failure was unintentional and the delay not undue. The Manual predates the 2024 amendment of rule 80(3), which now governs payment in advance.
Renewal under paragraph 11.01
The legal basis is section 53 and rule 80. The Manual's practice points are these.
- First renewal. The fee is payable at the end of the second year from the date of the patent and each year after; it is remitted before the end of that year. Where the patent is granted after two years from filing, the fees that have fallen due meanwhile are paid within three months of recording the patent in the Register. Where grant comes earlier, the first fee falls due for the third year, counted from the date of filing, and is paid before the second year ends.
- Extension. A renewal can be made after the due date within an extended period of six months on Form 4 with the prescribed fee. Rule 80(1A) as now in force says the same; the fee head is in the First Schedule as substituted in 2024, and no amount is repeated here.
- Particulars. The patentee must quote the correct patent number and the year for which the fee is paid. The Manual warns that a mistake in these particulars may lead to lapse.
- Patents of addition. No renewal fee is payable for a patent of addition unless it becomes an independent patent.
- Payment in advance. The Manual says the fee can be paid for more than one year in advance.
If you hold several patents with different anniversaries, our patent renewal service can keep the diary and check each payment against the particulars.
What has changed since 2019
The Patents (Amendment) Rules, 2024 substituted rule 80(3). As the live rule post sets it out, fees for two or more years may be paid in advance, with a ten per cent reduction where at least four years are paid in advance by electronic mode; the Act and Rules as now in force prevail over the Manual's one-line statement on advance payment. The fee amounts themselves come from the First Schedule as substituted in 2024; see the First Schedule article.
Restoration under paragraph 11.02
The Manual says that when a patent ceases for non-payment, it can be restored by an application in Form 15 made within eighteen months from the date on which it ceased. The statutory basis is section 60 and rule 84; our short guide on restoration after lapse covers the section.
The Manual adds practice points on what the application must contain:
- The patentee, assignee or legal representative may apply; where there are joint patentees, one or more may apply with the Controller's leave.
- The application includes a statement setting out fully the circumstances that led to the failure to pay, supported by evidence and copies of documents.
- The evidence must support that the failure was unintentional and that there was no undue delay in applying.
- The Controller may call for more evidence.
- If a change of name or address was not registered before the lapse, the patentee first applies to alter the register; if the name changed after the lapse, identity must be proved and the application carries the words "formerly known as".
How the Controller disposes of the application (11.02.01)
The Manual describes the following procedure.
| Stage | What the Manual says |
|---|---|
| Prima facie view | If the Controller is satisfied that the failure was unintentional and the delay not undue, the application is published in the Official Journal |
| No prima facie case | A notice goes to the applicant; a request for hearing within one month brings a hearing; no request in that month means refusal, and a rejection is by a speaking order |
| Opposition | Any person interested may oppose on Form 14 within two months of publication, on the ground that the failure was not unintentional or the delay was undue |
| Opposition procedure | The post-grant opposition rules on statement, reply, reply evidence, hearing and costs apply, without the Opposition Board steps |
| Allowance | If no opposition comes in two months, or it fails, an order allows restoration; the unpaid fees and additional fee are paid within one month of the order |
| Publication | The restoration is published in the Official Journal |
| Protection of users | The order includes conditions to protect and compensate those who began to use the invention between lapse and publication of the restoration application, and no infringement suit lies for that period |
These periods agree with the rule 84 and rules 85 and 86 posts, and with sections 61 and 62. Where any period differs, the rule as now in force prevails.
Evidence that works
The statement of circumstances is the heart of a restoration case. In the Manual's framework the Controller is asking two questions: was the failure unintentional, and was the applicant prompt once it discovered the lapse. A dated record helps: the instruction trail to the agent, the reminder system that failed, the date the lapse was discovered, and the date the application was made. A bare assertion without documents invites a request for further evidence.
A worked example
Solis Drives Pvt Ltd owns a patent whose renewal was due at the end of its fourth year. The accounts team paid under the wrong patent number and the payment was not matched. Solis discovers the lapse after seven months. It files Form 15 with a statement, the bank record, the agent's correspondence and the date of discovery. The Controller is prima facie satisfied, the application is published, no one opposes within two months, and the order allows restoration on payment of the unpaid fees and the additional fee within one month. The order includes conditions protecting a competitor that had started to use the invention in the gap.
Common lapses
- Quoting the wrong patent number or year; the Manual says this may cause lapse.
- Counting the second year from the grant date, not the date of the patent and the rules.
- Missing the one-month hearing request after a prima facie notice.
- Relying on the Manual's advance-payment line without checking rule 80(3) as amended.
- Filing a thin restoration statement with no documents.
Need help with renewal and restoration?
A missed renewal is expensive to repair and easy to prevent. If you want a renewal diary for your patents, or help with a restoration application and its evidence, see our patent renewal service.
Key takeaways
- Renewal is due at the end of the second year and each year after, with a six-month extension on Form 4.
- Correct patent number and year matter; an error may lead to lapse.
- Rule 80(3) as amended in 2024 governs payment for several years in advance.
- Restoration on Form 15 needs evidence that the failure was unintentional and the delay not undue.
- Opposition to restoration is on Form 14 within two months of publication.
Read next
- Chapter 11: assignments, register, rectification and surrender
- Chapters 11 and 14: working of patents and Form 27
- Rule 80: renewal fees
- Restoration after lapse: section 60
Disclaimer: Based on the manuals and guidelines published by the Office of the Controller General of Patents, Designs and Trade Marks that are named in the article, as consulted on 4 October 2026. They are guidance and do not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as amended (including the 2024 amendment rules) prevail, and the current versions on ipindia.gov.in should be checked. This article is general information, not legal advice; check the official text before acting.