Understanding IP is not just for lawyers and corporates; it is for anyone who dares to create.
1. The Expiry Moment
You got a patent. You paid the renewal fees. You held onto your invention’s legal shield for a full 20 years. But now… the clock’s run out.
And a thought crosses your mind: “Is this really the end? Or is there some way to keep my patent alive?”
If you’ve ever asked this question, you’re not alone.
2. The Truth: Patents Are Not Forever
A standard patent granted under the Indian Patent Act, 1970, comes with a maximum term of 20 years from the date of filing (Section 53). This is true worldwide under the TRIPS Agreement (WTO rules); most countries follow this 20-year limit.
As long as you pay the annual renewal/maintenance fees, your patent stays alive for those 20 years. But once that period ends, the patent expires automatically, and the invention falls into the public domain.
Meaning: anyone can use it freely.
That means: No more exclusivity. No more monopoly. Anyone can use, reproduce, sell, or commercialize your invention without your permission.
3. So… Can You File Again and Get an Extension?
No, you cannot extend the term of a patent beyond 20 years just by refiling, renewing, or submitting an application again.
The Indian Patent Act does not allow a patent holder to:
- Refile the same invention after expiry
- Extend the term through any normal process
- Regain exclusivity on the same invention
Once the 20-year term ends, the exclusivity ends permanently.
4. The Bigger Picture: Why 20 Years?
Patents are a trade-off between innovation and public access. You’re granted 20 years of exclusivity, but after that, the knowledge is released to the world to encourage further innovation and public benefit.
This balance is what drives progress, and it’s baked into patent systems globally.
5. So, Is There Any Way to Keep the Edge?
If you want to stay ahead after your patent expires:
- Work on incremental innovations and file new patents.
- File for design rights, trademarks, or know-how protections where possible.
Innovation doesn’t stop with one patent, and neither should your strategy.
6. The End Isn’t Always the End
Just because a patent completes its 20-year journey doesn’t mean the story of innovation ends there. It’s a reminder that every invention has a life-cycle, but your creativity doesn’t. Whether it’s building upon expired patents, diving into new research, or protecting your next big idea, the world of IP is ever evolving.
So, keep innovating, stay curious, and remember: the best ideas are often the ones you haven’t thought of yet.
At R.K. Dewan & Co., we believe that your ideas deserve the strongest patent protection in India, not only in the marketplace but also within the legal framework. With over 83 years of experience in Intellectual Property (IP) law, we offer comprehensive support to startups, inventors, growing businesses, and multinational corporations.
Our services include Freedom to Operate (FTO) searches, patentability assessments, and guidance under Indian Patent Act Section 53, which clearly states that the patent term is 20 years. We help innovators understand the implications of patent expiry in India, and how to stay competitive even after patent expiry, through strategies like filing incremental innovations, securing design rights, or leveraging trade secrets.
Whether you’re protecting your invention locally or planning for global reach, our team ensures your patent rights are strategically secured and managed every step of the way.