A granted patent in Pakistan requires maintenance in the form of renewal fees. Moreover, the amount of the fee is increased for each subsequent period of patent lifetime. The aim of such a system is to ensure that the patent owner actually needs the invention protection, and its commercialization is appropriate. Otherwise, the owner will fail to pay the fee, and the patent will become abandoned despite the fact that the applicant paid for its registration and maintenance.
Procedure for Patent Renewal in Pakistan
Under Pakistani law, a patent is valid for 20 years from the filing date. However, the renewal fee is applicable only when the patent is granted and comes to the 5th year of its lifetime. The patent holder should submit Form P-12 for the Patent Renewal Request, along with the corresponding payment for the renewed period. This fee should be paid before the expiry of the current year, in respect of the following year of protection.
Fee for Patent Renewal
The patent maintenance fee in Pakistan is applied in 4-year intervals, and the cost of the state fee increases every four years:
- Within 5th to 8th year – PKR 12,000
- Within 9th to 12th year – PKR 18,000
- Within 13th to 16th year – PKR 24,000
- Within 17th to 20th year – PKR 32,000
Consequently, the longer the patent is valid, the higher the fee for its maintenance is. This policy is designed to stimulate patent owners to abandon unused patents and thus enter them into the public domain as soon as possible.
Consequences of Patent Non-renewal
If the patent is not renewed on time, it may be deleted from the register. However, its owner can apply to restore it with Form P-13, Application for Restoration of a Patent. The cost of this procedure is PKR 13,500. Nevertheless, there is no guarantee of success. In addition, the later the restoration is applied for, the more difficult the case is considered since there must be a convincing reason why the request did not arrive in time. Therefore, it is important to pay patent renewal fees on time to avoid patent loss.
Tips for Patent Maintenance in Pakistan
Since patent fees are rather high, and the due date is often forgotten, especially by agents authorized to file applications, even if the patent owner has several applications pending at the IPO-Pakistan, it makes sense to entrust this task to a professional. One missed payment may mean 20 years of protection loss. Our patent registration experts include monitoring patent renewal dates and submitting applications for their renewal. If you have not yet submitted a patent application, we will help you do this – we also provide assistance in developing a strategy for protecting ideas in Pakistan.
Frequently Asked Questions
When does a patent need its first renewal in Pakistan?
The patent renewal request form (Form P-12) is submitted when the 5th year of the patent lifetime comes – this procedure is necessary to extend the protection period by one year.
How much does patent renewal cost in later years?
The cost depends on the number of years since the patent filing date – every 4th year, the fee is increased: PKR 12,000 within the 5th to 8th year, PKR 18,000 within the 9th to 12th year, PKR 24,000 within the 13th to 16th year, and PKR 32,000 within the 17th to 20th year.
What happens if I miss a renewal deadline?
In case of a missed patent renewal, the protection period can be restored by completing a special procedure (Form P-13) and paying a state fee of PKR 13,500. However, a patent owner should understand that the restoration of a patent is a complex process requiring sufficient time and documents. Therefore, a patent must be renewed before its expiry to avoid its deletion from the register.
Can a lapsed patent always be restored?
No, because this procedure is considered a special request, and the IPO-Pakistan grants it only when the reasons for it are justified – it is much easier not to miss the patent renewal date.
