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Riya   26 January 2021

Patent protection

How long does a patent protection last for? What is the legal procedure if a company uses my patent on the day on expiry?


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 1 Replies

Nandini Warrier   28 January 2021

Good evening,

The term of patent protection is twenty (20) years, from the date of filing the patent application. Section 53, rule 80 of the Indian Patents Act allows an individual to get their patent renewed, by paying a small fee to Patent Renewal Fees during the lifetime of the patent, in essence, twenty years. If renewal/maintenance fee not paid by the patent holder within prescribed time given by the PTO, patent will be lapsed. Patent lapsed, due to non-payment of renewal/maintenance fee can be restored within eighteen months from the date of lapse.

Please do approach your legal representative or a knowledgeable lawyer to know more regarding this~

Regards

Nandini.


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