Rule 80 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.
Rule 80 sets out how renewal fees under section 53 of the Patents Act, 1970 are paid. The first renewal falls due at the expiration of the second year from the date of the patent, and every year after that. The Patents (Amendment) Rules, 2024 substituted sub-rule (3), so that 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.
To keep a patent in force, the renewal fee is payable at the expiration of the second year from the date of the patent and of each succeeding year, and must be remitted before the expiration of that year (rule 80(1)). The period may be extended by not more than six months on a request in Form 4 with the fee (rule 80(1A)). Renewal fees for two or more years may be paid in advance, and a ten per cent reduction applies where at least 4 years are paid in advance through electronic mode (rule 80(3), as substituted in 2024). The fee schedule is entry 18 of Table I.
Who this affects
Rule 80 matters to every patentee, and to the agent or company that diarises renewals. A patent that is not renewed in time lapses; the route back is restoration, explained in our article on rule 84. For the Act provision on the term of a patent, see our guide on section 53, term of patent, and for a plain-language overview, our post on the term of a patent and renewal fees.
If you need a renewal diary, payment help or a check of the due dates across a portfolio, see our patent renewal service.
Sub-rule (1): when the fee is payable
"To keep a patent in force, the renewal fees specified in the First Schedule shall be payable at the expiration of the second year from the date of the patent or of any succeeding year and the same shall be remitted to the patent office before the expiration or the second or the succeeding year."
Two things to read carefully. First, the fee falls due "at the expiration of the second year from the date of the patent" and of each succeeding year; the first renewal is therefore for the third year. Second, it must be remitted "before the expiration" of that year. (The printed text says "or the second" where "of the second" is meant.) The date counted is the date of the patent, not the date of grant of the certificate; for the date of a patent, see our guide on sections 44-45.
Sub-rule (1A): extension of up to six months
"The period for payment of renewal fees so specified in sub-rule (1) may be extended to such period not being more than six months if the request for such extension of time is made in Form 4 with the fee specified in the First Schedule."
So late payment is not simply barred: a request in Form 4, with the fee, can extend the period by up to six months. The Form 4 entry in the 2024 Second Schedule list reads "Request for extension of time or condonation of delay" and cites rule 80(1A) among others. The fee for such an extension under rules 13(6), 80(1A) and 130 and sections 53(2) and 142(4) is entry 4(i) of Table I, per month. As per the First Schedule as substituted in 2024:
| Applicant column | E-filing (per month) | Physical filing (per month) |
|---|---|---|
| Natural person, startup, small entity or educational institution | Rs 480 | Rs 530 |
| Others | Rs 2,400 | Rs 2,600 |
Rule 137(2), inserted in 2024, lists sub-rule (1A) of rule 80 among the matters to which sub-rule (1) of rule 137 does not apply. The text of rule 80(1A) itself is not changed.
Sub-rule (2): what to quote
"While paying the renewal fee, the number and date of the patent concerned and the year in respect of which the fee is paid shall be quoted." Three items: the patent number, the date of the patent and the year being paid. A payment that quotes the wrong year is a practical risk for any portfolio.
Sub-rule (3): advance payment and the ten per cent reduction (2024)
The 2024 text reads: "(3) The annual renewal fees payable in respect of two or more years may be paid in advance: Provided that where the renewal fees is paid in advance through electronic mode for a period of at least 4 years, a ten per cent reduction in fee shall be applicable for such renewal."
The earlier sub-rule (3) said only that the annual renewal fees for two or more years may be paid in advance. What changed in 2024 is the proviso. Three points:
- the reduction needs electronic mode;
- the advance period must be at least 4 years;
- the reduction is ten per cent of the fee for "such renewal".
The text does not say how the reduction is applied where the years span different fee bands, and does not spell out the base on which ten per cent is calculated beyond "fee ... for such renewal". An applicant who wants to use it should confirm the computation on the portal before payment.
Sub-rule (4): crediting and certificate
"The Controller shall, after making such enquiry as he may deem necessary, credit any renewal fee and issue a certificate that the fee has been paid." The Controller credits the fee and issues a certificate of payment. Rules 93 to 95 deal with the entry of renewal fees in the register; see our later article on those rules.
The renewal fee schedule: entry 18
Entry 18 of Table I of the First Schedule as substituted in 2024 is "For renewal of a patent under section 53", with eighteen items (i) to (xviii). The amounts, as per the First Schedule as substituted in 2024, are the same for each item in a band. "Year" in the first column is the year in respect of which the fee is paid.
| Items | Renewal for year | Natural person, startup, small entity or educational institution (e-filing / physical) | Others (e-filing / physical) |
|---|---|---|---|
| (i) to (iv) | 3rd to 6th | Rs 800 / Rs 880 | Rs 4,000 / Rs 4,400 |
| (v) to (viii) | 7th to 10th | Rs 2,400 / Rs 2,650 | Rs 12,000 / Rs 13,200 |
| (ix) to (xiii) | 11th to 15th | Rs 4,800 / Rs 5,300 | Rs 24,000 / Rs 26,400 |
| (xiv) to (xviii) | 16th to 20th | Rs 8,000 / Rs 8,800 | Rs 40,000 / Rs 44,000 |
Each item is expressed as "before the expiration of the 2nd year from the date of patent in respect of 3rd year", and so on, up to "before the expiration of the 19th year in respect of the 20th year". Both e-filing and physical filing are allowed for this head.
Practical example
Jyoti holds a patent as a natural person. Its date is 1 July 2022. The first renewal, for the third year, falls due at the expiration of the second year, that is on 30 June 2024, and must be remitted before then, quoting the number, the date of the patent and "3rd year". Suppose she wants to pay four years in advance (3rd to 6th) electronically. Under entry 18 as per the First Schedule as substituted in 2024, the natural-person e-filing fee for each of those years is Rs 800, so Rs 3,200 in all. If the ten per cent reduction under the proviso to sub-rule (3) applies to that total, the amount would be Rs 2,880; the portal's computation should be checked. If she misses 30 June, she may file Form 4 under sub-rule (1A) for an extension of up to six months, paying the entry 4(i) fee per month, as per the First Schedule as substituted in 2024, Rs 480 a month in e-filing.
Practical points
- Diarise the first renewal at the expiration of the second year from the date of the patent, not from grant.
- Quote the number, date of the patent and year paid.
- Consider advance payment: at least four years, electronic mode, ten per cent reduction.
- If you miss the date, file Form 4 within the extension window; do not wait until the six months are used up, since the request must be made in time.
- If the patent has lapsed, see restoration under section 60 and rule 84.
- Review the amounts on the Patent Office site, since the First Schedule can be amended again.
Need help with renewals?
Missed renewals are the most common reason patents lapse. TaxClue can maintain your renewal diary, pay fees on time and advise on the Form 4 extension or restoration if a date has passed; see our patent renewal service.
Key takeaways
- The first renewal is payable at the expiration of the second year from the date of the patent and must be remitted before that date; the same applies to each succeeding year.
- A request in Form 4, with fee, can extend the period by not more than six months (rule 80(1A)).
- Advance payment for two or more years is allowed; since 2024, a ten per cent reduction applies where at least 4 years are paid in advance electronically.
- Entry 18 gives the fee for each year: Rs 800 to Rs 8,000 in the first column and Rs 4,000 to Rs 40,000 in the other column in e-filing.
- Quote the number, the date of the patent and the year being paid. Later amendments should be checked.
Read next
- Section 53 of the Patents Act, 1970: term of patent
- Rule 84: restoration of lapsed patents
- Rule 75-79: amendment of patent, co-owner directions and section 52 request
- Patent renewal: annual fees and restoration after lapse
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.