What to Do After Your Patent Is Granted: Next Steps

The first thing you should do is verify the grant details in the Patent Certificate issued by the Indian Patent Office (IPO). Check that the patent number, title, inventor names, and claims match your application. If there is any discrepancy, file a request for correction under Section 57 of the Patents Act, 1970 within the prescribed period.

Next, update your records. If you have changed your address or assigned the patent to another entity, file Form 13 with the IPO to record the change. This ensures that all official communications reach you and that your ownership is correctly reflected in the patent register.

Finally, consider publishing a notice of your granted patent in relevant industry journals or on your website. While not mandatory, this can deter potential infringers and signal your exclusive rights to competitors.

Under Section 53 of the Patents Act, 1970, you must pay renewal fees every year starting from the third year after the date of filing the patent application. The first renewal fee is due before the expiry of the second year from the date of filing. You can pay these fees online through the IPO portal using Form 27.

The fee amount increases with each year. For example, for an individual inventor, the annual fee for the 3rd to 6th year is ₹800, while for a company it is ₹4,000. You can pay for multiple years in advance. If you miss a payment, you have a grace period of six months under Section 53(2), but a late fee of 10% per month will apply.

If you fail to pay renewal fees within the grace period, your patent will cease to have effect. To restore it, you must file a petition under Section 60 within 18 months from the date of cessation, along with the unpaid fees and a statement explaining the delay.

Yes, marking your product with the patent number is advisable. Under Section 111 of the Patents Act, 1970, if you do not mark the product, you cannot claim damages or an account of profits in an infringement suit unless the defendant had actual notice of the patent. Marking serves as constructive notice to the public.

The marking should include the word "Patent" or "Pat." followed by the patent number. For example: "Indian Patent No. 123456." If the product is too small to mark, you can affix a label or include the information on the packaging.

Be careful not to falsely mark a product as patented when it is not. Doing so can attract a penalty under Section 120, which includes a fine of up to ₹1,00,000 for the first offence and imprisonment for subsequent offences.

You should actively monitor the market for potential infringement. This includes searching for competing products, reviewing industry publications, and setting up alerts for new patent filings in your field. If you suspect infringement, gather evidence such as product samples, photographs, or purchase receipts.

If you confirm infringement, you have several options. First, send a cease-and-desist notice to the infringer. This letter should cite your patent number, describe the infringing activity, and demand that they stop. Many disputes are resolved at this stage without litigation.

If the infringer does not comply, you can file a patent infringement suit in a district court or a High Court having jurisdiction. Under Section 108, the court can grant an injunction, damages, or an account of profits. You must file the suit within three years from the date of infringement under the Limitation Act, 1963.

Under Section 146 of the Patents Act, 1970, every patentee must file a statement of working (Form 27) with the IPO every calendar year. This statement must be filed by March 31 for the preceding year. It requires you to disclose whether the patent has been worked in India, the extent of commercial use, and the revenue generated.

Failure to file Form 27 can lead to a fine under Section 122, and the IPO may consider this as a ground for granting a compulsory license under Section 84. Even if the patent is not being worked, you must file a statement explaining why.

You can file Form 27 online through the IPO portal. The form is relatively simple, but you must provide accurate information. If you have licensed the patent to another party, you must include details of the licensee and the revenue received.

Review your patent certificate and set up a calendar for renewal fee payments and Form 27 filings. If you are unsure about any step, consult a patent attorney or agent registered with the IPO. They can help you manage maintenance, enforcement, and compliance.

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This page provides preliminary information. It is not legal advice. For your matter, consult a qualified professional.