Section 53 of The Patents Act, 1970, PA : Section 53: Term Of Patent

Explanation using Example

Suppose Mr. John invents a new type of eco-friendly engine and applies for a patent in India in 2005. As per the provisions of Section 53 of The Patents Act, 1970, the patent granted to Mr. John will last for twenty years from 2005, i.e., until 2025.

Now, let's assume that John fails to pay the renewal fee for his patent in 2015. Despite the patent's original expiry date in 2025, it will cease to have effect in 2015 due to non-payment of the renewal fee, as prescribed by subsection (2).

Furthermore, once the patent right has ceased due to non-payment of the renewal fee or on the expiry of the term of the patent, the eco-friendly engine invented by John will no longer be entitled to any protection. This means anyone can use, manufacture, or sell the eco-friendly engine without infringing any patent rights, as per subsection (4).