September 12, 2026

Section 53 – Patents Act, 1970

53. Term of patent

(1) Subject to the provisions of this Act, the term of every patent granted after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which had not expired and had not ceased to have effect on the date of such commencement, shall be twenty years from the date of filing of the application for the patent.

Explanation.—For international applications filed under the Patent Cooperation Treaty designating India, the term shall be twenty years from the international filing date accorded under the Patent Cooperation Treaty.

(2) A patent shall cease to have effect on expiration of the period prescribed for payment of any renewal fee, if that fee is not paid within the prescribed period or within such extended period as may be prescribed.

(4) Notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right for non-payment of renewal fee or on expiry of the term, the subject matter covered by the patent shall not be entitled to any protection.