Renewing a patent

Why do I need to renew my patent?

Once a patent has been registered the invention to which it relates will be protected as a patent provided that it is renewed on the 4th anniversary of the date upon which it was filed. Once a patent has been renewed it will remain protected as a patent for an additional year. A patent can subsequently be renewed every year for up to 20 years.

When can I apply to renew my patent?

An application for the renewal of a patent can be made up to 3 months before the “payment due date”. The “payment due date” is the last day of the month in which the anniversary of filing falls.

If the Intellectual Property Office granted the patent later than 3 years 9 months after the filing date the patent the “payment due date” is the last day of the third month after the grant was made.

Making an application to renew a Patent

An application to renew a Patent is made by completing and sending to the Intellectual Property Office forms 12 and FS2 (“the fee sheet”) together with the renewal fee.

Forms 12 and FS2 can be obtained from the Intellectual Property Office or downloaded from their website.

Up to date information on the fee payable and how payment can be made can be obtained from the Intellectual Property Office or found on their website. The level of the fee increases for every year in which the patent is in force. If the patent is endorsed “licence of right” the owner of the patent only has to pay half the amount of the renewal fee which would otherwise be payable.

What happens after the application to renew the patent has been made?

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  • What if I fail to renew my patent on time?