Innovatech Pharma Pvt. Ltd., a registered Indian pharmaceutical company, was granted a patent in 2018 for its drug 'Painexol', used to treat chronic pain. In 2020, Innovatech developed an improved formula for Painexol th

The term of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date accorded under PCT. Section 53(1) of the Patents Act, 1970 states that the term of every patent granted after the commencement of the Patents (Amendment) Act, 2002 shall be twenty years from the date of filing of the application for the patent." However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date accorded under PCT. A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the prescribed period 6[or within such extended period as may be prescribed. Notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right due to non-payment of renewal fee or on the expiry of the term of patent, the subject matter covered by the said patent shall not be entitled to any protection.