Section 53 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.
Section 53 fixes how long a patent lasts: twenty years from the date of filing of the application, or from the international filing date for a Patent Cooperation Treaty application designating India. It also says a patent ceases to have effect if the renewal fee is not paid in time, and that after cessation or expiry the subject matter gets no protection. To keep your patent alive, see our patent renewal service.
The term is twenty years from the date of filing of the application (sub-section (1)); for a PCT application designating India it is twenty years from the international filing date. A patent ceases to have effect if the renewal fee is not paid within the prescribed period or any extended period that is prescribed (sub-section (2)). After cessation or expiry, the subject matter is not entitled to any protection under any law (sub-section (4)). Sub-section (3) is omitted.
Amendments to know
Section 53 has been rewritten in stages. Sub-section (1) was substituted by the Patents (Amendment) Act, 2002 (from 20 May 2003), and the same Act inserted sub-section (4). The 2005 Act (from 1 January 2005) inserted the Explanation, changed the end of sub-section (2) to "or within such extended period as may be prescribed", and omitted sub-section (3). The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 do not touch this section. The printed text is the current text.
Sub-section (1): twenty years from filing
"Subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the date of filing of the application for the patent."
Three points follow from the words:
- The clock starts at filing, not at grant. The years between filing and grant are part of the twenty. A patent that takes several years in examination has that much less time after grant.
- It covers old and new patents. Patents granted after the 2002 Amendment Act and patents that on its commencement had neither expired nor ceased to have effect.
- "Subject to the provisions of this Act". Other provisions can shorten the term, such as section 53(2) on non-payment of renewal fees, surrender under section 63 and revocation.
Explanation: PCT applications
"For the purposes of this sub-section, the term of patent in case of International applications filed under the Patent Cooperation Treaty designating India, shall be twenty years from the international filing date accorded under the Patent Cooperation Treaty." So for a PCT route patent the date to count from is the international filing date, not the later date on which the application entered the national phase in India. Our guide on PCT national phase entry in India describes that route.
Sub-section (2): lapse for non-payment of renewal fee
"A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the prescribed period or within such extended period as may be prescribed."
- The renewal fee, the period for paying it and any extended period are all "prescribed", that is, fixed by the Patents Rules, 2003. This article gives no amount and no date; check the Rules.
- The words "notwithstanding anything therein or in this Act" mean that lapse follows from non-payment even if the patent or another provision says otherwise.
- Lapse is not the end where restoration is allowed. Our existing guide on restoration after lapse under section 60 covers the application, and the later articles in this series cover the procedure and the rights of the patentee of a restored patent.
Sub-section (3): omitted
Sub-section (3) was omitted by the 2005 Act from 1 January 2005. The section runs from (2) to (4) with the number (3) left empty.
Sub-section (4): no protection afterwards
"Notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right due to non-payment of renewal fee or on the expiry of the term of patent, the subject matter covered by the said patent shall not be entitled to any protection."
Two events trigger it: cessation for non-payment, and expiry of the term. In both, the subject matter "shall not be entitled to any protection", and the text says this applies notwithstanding any other law. The text gives no list of such other laws.
| Event | Source | Result |
|---|---|---|
| Twenty years from filing date pass | s.53(1) | Term ends; no protection under s.53(4) |
| PCT application: twenty years from international filing date | Explanation | Term measured from that date |
| Renewal fee not paid in the prescribed or extended period | s.53(2) | Patent ceases to have effect; no protection under s.53(4) |
| Fee paid late within the extended period as prescribed | s.53(2) | Patent continues; the Rules set the extended period |
Illustration (invented)
Vihaan Instruments Pvt. Ltd. files an application for a patented vibration sensor on 10 March in Year 1. The patent is granted in Year 5. The term counts from the filing date of 10 March in Year 1, so it ends twenty years after that date, not twenty years after the Year 5 grant.
Another company, Orbit Optics Ltd., files a PCT application designating India with an international filing date of 2 June in Year 1 and enters India in Year 3. Its term runs twenty years from 2 June in Year 1.
If Vihaan misses the renewal fee for one year and also misses any extended period the Rules allow, the patent ceases to have effect. From that point section 53(4) says the sensor design is not entitled to protection, subject to any restoration that the Act and Rules permit.
What the section does not say
- It gives no renewal fee amounts and no due dates; those are in the Patents Rules, 2003.
- It does not say that the term can be extended beyond twenty years.
- It does not deal with patents of addition, whose term is in section 55, covered in the article on sections 54 to 56.
- It does not describe income-tax treatment of royalties; see our income-tax guides for that.
Need help keeping a patent in force?
A missed renewal can end a patent and, under sub-section (4), the protection with it. Our patent renewal team can track your due dates, pay the fees on time and advise on restoration if a lapse has already happened.
Key takeaways
- The term is twenty years from the filing date, not the grant date.
- For a PCT application designating India, count from the international filing date.
- Non-payment of renewal fee within the prescribed or extended period ends the patent.
- After cessation or expiry, the subject matter gets no protection.
- Sub-section (3) is omitted.
Read next
- Sections 54 to 56: patents of addition, term and validity
- Sections 61 and 62: restoration procedure and rights of patentees of restored patents
- Term of patent: 20 years and renewal fees
- Patent renewal: annual fees and restoration after lapse
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.