When does the applicant have to pay any annuity/ maintenance/ renewal fees for the maintenance of the patent?

In India, maintenance fees for a patent must be paid after its grant, starting from the third year of the 20-year term. According to Section 53(2) of the Indian Patent Act, these fees are due at the end of the second year and for subsequent years, with each year’s fee applicable for the following year of the patent term. If a patent is granted more than two years after the application date, Section 142(4) allows for the payment of any overdue fees within three months of the patent being registered, with a possible extension to nine months.

Timely renewal fee payment is essential to maintain a patent’s validity. Failure to pay within the required period can result in the patent lapsing, losing its protection. While the system may differ across countries, patent holders must stay informed of specific renewal timelines and requirements in each jurisdiction to protect their intellectual property.