Indian patent annuities are payable only after grant, but the annuity count and the due dates are calculated from the filing date. This article is a manual organizing the anchor date, due-date calculation, grace period, fee reductions and advance payment rules for Indian patents from a docketing practice perspective. It also covers which values must be filled in the case docket so that due dates do not go astray.
1. Summary at a Glance
- System type
- Annual annuity (post-grant only)
- Anchor date
- Filing date Patent date = filing date; for PCT cases the international filing date; for divisionals the parent filing date
- Due-date method
- On the (N−1) anniversary date itself Same-day (anniversary) method. No end-of-month adjustment
- Start of payment
- From the 3rd year annuity (years 1 and 2 free)
- Term
- Filing date + 20 years
- Grace period
- 6 months Requires a Form 4 request (not automatic) + ₹480/month (reduced-fee group) / ₹2,400
- Restoration
- Available — lapse + 18 months, unintentional (Form 15) Additional fee on restoration. s62 third-party immunity
- Fee reduction
- Reduced-fee group = −80% of the "other" rate Form 28 + supporting evidence at every payment
- Advance payment
- Lump-sum advance payment of all remaining years possible −10% for electronic advance payment of 4 or more years (2024 Rules)
The annuity number and the due anniversary are offset by one year. The Nth-year annuity is payable by the (N−1) anniversary. If you miss this offset, the entire docket shifts by one year.
2. Anchor Date and Due-Date Calculation
The anchor date is the filing date. For cases entering via the PCT, the international filing date is used; for divisional applications, the parent filing date. The due date is the corresponding anniversary date itself, and there is no adjustment pushing it to "the last day of that month" as in some European countries.
- Due date for the Nth-year annuity = the (N−1) anniversary of the filing date
- Payments are due from the 3rd-year annuity through the 20th-year annuity
- Expiry of term = filing date + 20 years
Here is an actual calculation example. For a case with a filing date of 2020-06-15 and a grant date of 2023-03-10, the due dates are derived as follows.
| Annuity year | Due date |
|---|---|
| 3rd year | 2022-06-15 |
| 4th year | 2023-06-15 |
| 5th year | 2024-06-15 |
| 6th year | 2025-06-15 |
| 7th year | 2026-06-15 |
| 8th year | 2027-06-15 |
| 9th year | 2028-06-15 |
| 10th year | 2029-06-15 |
This case generates a total of 18 payment events through the 20th-year annuity. Confirming that the month and day of each due date match the filing date every year lets you quickly verify that the calculation was set up correctly.
3. Start of Payment
India requires annuities only for granted patents. There is no payment obligation while examination is pending. However, the annuity count runs from the filing date, so if grant is delayed, annuities that have already fallen due accumulate.
- Payment starts from the 3rd-year annuity. The 1st- and 2nd-year annuities are free.
- The Nth-year annuity is payable by the (N−1) anniversary.
- If grant occurs later than filing date + 2 years, the annuities already fallen due are paid in a lump sum within 3 months of recordal. This can be extended by up to +9 months using Form 4.
- A patent of addition carries no annuities.
The point at which the grant event is captured is therefore the branching point of docketing. When a grant notification is received, you must set up not "one payment for this cycle" but "the retroactive lump sum plus the subsequent cycle" together.
4. Grace Period and Surcharge
If the due date is missed, there is a 6-month grace period. In India the grace period does not open automatically. An extension of time must be requested using Form 4.
| Item | Details |
|---|---|
| Grace period | 6 months |
| Request requirement | Form 4 request required (not automatic) |
| Surcharge — reduced-fee group | ₹480/month |
| Surcharge — others | ₹2,400/month |
5. Lapse and Restoration
If payment is not made even within the grace period, the right lapses. India provides a restoration system after lapse.
| Item | Details |
|---|---|
| Restoration window | Lapse + 18 months |
| Standard | Unintentional (must not be deliberate) |
| Form | Form 15 |
| Additional cost | Additional fee arises on restoration |
| Third-party protection | s62 third-party immunity |
The docketing rule is simple. Make payment within the normal due date the principle, and manage entry into the grace period separately as an exceptional case. Treat the restoration stage solely as an incident-handling procedure.
6. Fee Reductions
India has a fee reduction system. If you fall within the reduced-fee group, a rate 80% lower than that for other entities applies.
- Four categories in the reduced-fee group: natural person · DPIIT startup · small enterprise (Udyam) · educational institution
- These four categories pay the same fee, at a rate −80% relative to others.
The risk of an improper claim is also a matter to manage. If the right is transferred to a non-reduced-fee entity, an obligation to pay the difference arises. Assignment and change-of-name events must therefore be viewed in connection with annuity estimates. If eligibility for the reduction is uncertain, it is safer to obtain client confirmation rather than applying it automatically.
7. Advance and Lump-Sum Payment
India is relatively generous with multi-year advance payment.
| Item | Details |
|---|---|
| Lump-sum advance payment of all remaining years | Possible |
| Electronic payment discount | −10% for electronic advance payment of 4 or more years (2024 Rules) |
| Difference by filing channel | Paper filing is e-filing +10% |
For advance payment, the entity category (reduced-fee group/other) at that point is reflected in the fee. To prepare for cases where the category changes or the right is transferred after advance payment, it is advisable to record the category at the time of advance payment and the scope covered in the case record. The treatment of refunds where the patent is abandoned after advance payment is a point requiring confirmation.
8. Official Fees
Below are the annuity fees on an e-filing basis. Amounts for the reduced-fee group and for other entities are shown together.
| Annuity year range | Reduced-fee group (INR/year) | Others (INR/year) |
|---|---|---|
| 3rd–6th year | 800 | 4,000 |
| 7th–10th year | 2,400 | 12,000 |
| 11th–15th year | 4,800 | 24,000 |
| 16th–20th year | 8,000 | 40,000 |
| Item | Reduced-fee group (INR) | Others (INR) |
|---|---|---|
| Grace surcharge (per month) | 480 | 2,400 |
| Restoration request Form 15 | 2,400 | 12,000 |
| Additional fee on restoration | 4,800 | 24,000 |
Paper (physical) filing is e-filing fee +10%. However, the individual per-year amounts for paper filing are a point requiring confirmation, so if the paper route is chosen we recommend obtaining confirmed amounts from local counsel. The treatment of refunds upon abandonment after advance payment likewise requires confirmation.
9. Docketing Checklist
9-1. Values to fill in the case docket first
- Filing date — the sole anchor date for Indian annuity due dates. If this date is blank, all due dates from the 3rd through the 20th year will either not be generated or will be off across the board. This is the first field to confirm.
- Whether the case entered via the PCT and the international filing date — for PCT cases the international filing date is the anchor date. It is not the India entry date.
- Whether the case is a divisional and the parent filing date — divisionals are counted from the parent filing date.
- Grant date (and recordal timing) — determines whether the case is subject to a retroactive lump sum and the due date for it.
- Entity category (reduced-fee group/other) and supporting documents — Form 28 and evidence are required at every payment.
- History of changes in the proprietor — if transferred to a non-reduced-fee entity, an obligation to pay the difference arises.
- Whether it is a patent of addition — if so, it is not subject to annuities.
9-2. Verification points for due-date calculation
- Check that the annuity number and the due anniversary differ by one year. Nth-year annuity → (N−1) anniversary date.
- Check that the month and day of the generated due dates match the filing date. If they differ, the anchor date field has been entered incorrectly.
- Check that expiry of term is set to filing date + 20 years.
- For cases where grant occurred later than filing + 2 years, check that they are set up as a retroactive lump sum rather than as individual cycles.
9-3. Payment cycle sequence
- Before the due date arrives, fix the target annuity years and the payment scope (single year / multi-year advance payment).
- Re-determine the entity category. Since India determines this at every payment, do not simply reuse the result from the previous cycle.
- Prepare Form 28 and supporting evidence. If paying at the reduced-fee group rate, omitting this step makes it difficult to obtain the reduction.
- Decide the payment channel. On the e-filing basis, paper adds +10% and electronic advance payment of 4 or more years applies −10%.
- Compute the amount, obtain client approval, and make the payment.
- Record the payment result and the applied category and scope in the case record. For multi-year advance payment, exclude subsequent cycles within that scope from actionable items.
- If the due date has been missed, immediately decide whether to file a Form 4 request. The grace period does not open automatically.
9-4. Response at the incident stage
- Entering the grace period: file a Form 4 request and reflect the monthly surcharge (reduced-fee group ₹480 / others ₹2,400). Since the amount increases with the number of months elapsed, record the number of days of delay.
- Lapse: review whether a restoration request can be filed using Form 15 within lapse + 18 months. The standard is unintentional, and an additional fee applies on restoration.
- Even if restoration is pursued, also advise the client that s62 third-party immunity remains.
Sources, cut-off date and disclaimer
This manual is based on iphere's August 2026 survey of country-by-country overseas maintenance rules, together with values produced by the deadline engine that runs on those same rules. Official fees and deadline rules change by office notice, so please confirm against the official source and your local agent before any actual payment or filing.