Patents Act 1994 · 2020 Revised Edition · Part 7 · Provisions as to Patents After Grant
36. Term of patent
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A patent granted under this Act is treated for the purposes of this Act as having been granted, and takes effect, on the date of issue of the certificate of grant and, subject to subsection (2) and section 36A, continues in force until the end of the period of 20 years beginning with the date of filing the application for the patent or with such other date as may be prescribed.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 117(3);
A patent ceases to have effect at the end of the prescribed period for the payment of any renewal fee if it is not paid within that period.
If, during the prescribed period immediately after the end of the period prescribed for the payment of any renewal fee under subsection (2), the renewal fee and any prescribed additional fee are paid, the patent is treated for the purposes of this Act as if it had never expired, and accordingly —
anything done under or in relation to it during that further period is valid;
an act which would constitute an infringement of it if it had not expired constitutes such an infringement; and
an act which would constitute the use of the patented invention in accordance with section 56 if the patent had not expired constitutes that use.
Rules must include provision requiring the Registrar to notify the registered proprietor of a patent that a renewal fee has not been received from the registered proprietor in the Registry before the end of the prescribed period for the payment of any renewal fee under subsection (2) and before the framing of the notification.
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;