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I missed a patent deadline. Is anything possible?
Which Indian deadlines have a cure, and which should be treated as final.
There are two windows, and they are different lengths.
A six-month extension is available on request with fee. Beyond that, restoration must be applied for within eighteen months from the date the patent ceased to have effect.
- Work out the exact cessation date - the eighteen months runs from there, not from when you noticed.
- A restoration application needs a verified statement fully setting out the circumstances, and the Controller must be satisfied the failure was unintentional.
- Third parties who began working the invention during the lapse may keep protections even if restoration succeeds.
- Update the address for service so it does not happen again.
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This is educational guidance, not personalised legal advice. It cannot see your documents, your dates or the prior art, and those are usually what decide the answer. Use it to understand the question, then take advice on your own facts.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.