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IP IntelligenceIn Simple WordsTerm of a patent

In simple words

Term of a patent

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Twenty years sounds long until you notice when the clock starts.

In simple words
Twenty years from the date of filing the application - or, for a PCT application designating India, twenty years from the international filing date - subject to renewal fees being paid.
Think of it as
The clock starts on filing day, not on grant day.
Why it matters
Grant in India commonly comes four to six years after filing. That time comes out of the twenty years, not on top of it. India has no patent term extension or adjustment mechanism, so prosecution delay is simply lost commercial life.
A simple example
File in 2026, grant in 2031, expiry in 2046. You have roughly fifteen enforceable years, not twenty.
Common mistake
Budgeting a product's commercial life from the grant date.
Where it comes from
Patents Act 1970, section 53

Sources & further reading

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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.

Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.