What is the term of patent right provided by the Patents Act 1970?

 

Under Section 53 of the Patents Act, 1970, the term of every patent granted in India is 20 years from the date of filing of the application.
  • Calculation: The duration is calculated from the date of filing (the priority date), not the date the patent is actually granted. For applications filed under the Patent Cooperation Treaty (PCT), the 20-year term begins from the International Filing Date.

  • Renewal: To keep the patent in force, a "renewal fee" must be paid to the Patent Office annually. If the fee is not paid, the patent expires, and the invention enters the public domain, meaning anyone can use it without permission.

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