Section 25, The Patents and Industrial Design Act, 2012

(1) In order to maintain the patent or patent application,an annual fee shall be paid in advance to the Registrar for each year, starting one year after the filing date of the application for grant of the patent. (2) A period of grace of six months shall be allowed for the late payment of the annual fee on payment of the prescribed surcharge. 14 15 Right conferred by Limitation of rights. Duration of Annual fees. No. 10 Patents and Industrial Designs Act 2012 No. 10 Patents and Industrial Designs Act 2012 (3) If an annual fee is not paid in accordance with this section, the patent application shall be deemed to have been withdrawn or the patent shall lapse automatically and the related information shall fall into the public domain and the lapse of the patent shall be published by the Registrar. (4) Within six months from the expiration of the period of grace referred to in subsection (2), any interested person may, upon payment of the prescribed fee, request the Registrar to restore an application that is deemed to have been withdrawn, or a patent that has lapsed, by virtue of subsection (3). (5) Where the patent has lapsed due to the non-payment of an annual fee within the prescribed period, the patentee may, in the prescribed manner and on the payment of the prescribed fee, apply to the Registrar for the restoration of the patent. (6) If the Registrar is satisfied that the omission to pay was unintentional and that no undue delay has occurred in the making of the application the Registrar shall advertise the application in the prescribed manner and any person may, within the prescribed period, give notice in the prescribed manner objecting to the restoration of the patent. (7) If there is no objection to the restoration, the Registrar may issue an order restoring the patent or dismiss the application. (8) Where a notice of objection is given, the Tribunal shall, after hearing the applicant and the objector, decide the matter and issue an order restoring the patent or dismissing the application. (9) Any order restoring the patent shall be subject to the payment of any fee remaining unpaid on the date of the order.