IP Intelligence › In Simple Words › Term of a patent
In simple words
Term of a patent
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
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
Related
Renewal fee
A fee payable to keep a patent in force, due from the expiration of the second year from the date of the patent and each year after that, payable before the year exp…
Publication
The Patent Office publishes your application in the Official Journal, ordinarily eighteen months from the earlier of your filing date and your priority date. You can…
The twenty year term starts when the patent is granted.
It runs from the filing date - or, for a PCT application designating India, from the international filing date. India has no term extension or adjustment.
Keep going.
Every explanation here links to the ones next to it. Follow the thread rather than the menu.
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.
