Patent renewals – what happens if you miss a deadline?

A patent renewal (also referred to as an annuity or maintenance fee) is the jurisdictional charge that keeps a patent in force. Paying it maintains the exclusive rights granted by the patent office, while failing to do so leads to those rights lapsing. Each jurisdiction determines its own renewal structure, including when fees are due, how often they must be paid, and how the official rates are calculated or updated.

 

While most patents require annual renewal (after the initial four-year period), not all intellectual property follows that cadence. For registered designs, for instance, renewals are typically due every five years, depending on the country. The key point is that the timing, cost and administrative process differ across jurisdictions, meaning that global portfolios demand careful, continuous management and up-to-date knowledge of local rules.

 

Organizations may deliberately allow a patent to lapse as a way of managing cost and focusing protection on assets that continue to deliver commercial value. Unintentional lapses, on the other hand, are a different matter. They often result from unclear ownership responsibilities, poor docketing, or misalignment between business and legal teams. Given the jurisdictional variations and the high stakes, maintaining an organized, centralized renewal process is essential for avoiding costly mistakes.

If a renewal fee is not paid on time, most patent offices allow a grace period during which payment can still be made, albeit with a surcharge. These grace periods are typically around six months, though the exact length varies. If payment is made within that window, the patent remains in force.

 

However, if the renewal is not paid within the grace period, the patent lapses. Once lapsed, the patent holder loses the exclusive rights previously held, and the invention enters the public domain. At that point, others can use, manufacture or sell the invention freely, without infringing any rights that once existed under that patent.

 

This is more than a procedural formality. A lapse effectively ends protection. Any enforcement rights are lost, and competitors are free to act on the technology immediately. Reinstating protection can be difficult and may not be possible. The cost of a missed deadline therefore goes far beyond the renewal fee itself. It can erase years of investment and eliminate a company’s competitive edge in that technology.

If you find yourself in a situation where your patent has lapsed, first and foremost, don’t panic. There may still be steps you can take to restore protection.

 

If you work with a third party IP provider, the first step is to get in touch with them. Depending on the nature of their service, they may be able to help. At RWS, we are happy to advise and support clients whose patents have inadvertently lapsed.

 

The next step is to determine whether the grace period is still open. If it is, an immediate payment, along with any surcharge, may restore the patent’s good standing.

 

If the grace period has passed, you will need to find out whether the jurisdiction offers any reinstatement or restoration mechanism. Some offices provide a narrow path to apply for reinstatement, often requiring evidence of genuine error. But these options are not universally available, and approval not guaranteed.

 

If the patent cannot be revived, the practical next move is to assess the commercial impact. You may still protect associated technology through trade secrets, new filings or design rights. It’s also essential to tighten internal renewal processes to prevent recurrence.

Managing renewals across a global portfolio means dealing with a patchwork of regulations. Each jurisdiction sets its own rules: how renewal dates are calculated, what official fees apply and when they change. These can shift annually or even mid-cycle. For organizations operating across dozens of territories, it’s not enough to know the rules once - they need constant monitoring.

 

That’s why many in-house teams rely on specialist providers to coordinate renewals, ensure timely payments and maintain accurate records. Expert management mitigates risk, especially where portfolios span multiple entities or languages.

 

At RWS, we provide complete peace of mind when it comes to patent renewals. We combine global reach with local expertise to deliver a seamless renewal experience. Our service includes automated reminders, transparent pricing and a payment guarantee that ensures renewals are processed on time - even before invoices are paid, minimizing the risk of late charges or lapses. Clients benefit from 24/7 online access to renewal data, customized reporting, and a dedicated point of contact for personalized support.

 

To find out more about our service, visit our Patent Renewals page. You can view the full ‘Ask us anything’ patent renewals webinar on demand by clicking here.