Revocation and Surrender of Patents: Key Details

Introduction

Section 63 and 64 of the patents Act,1970 talks about surrender and revocation of Patents. This allows a patent holder to surrender and revoke his patent. The surrender as the name suggests can be done voluntarily but revocation can be done by the petition by any person or any government authority if any of the grounds for the revocation has been satisfied.

Surrender Of Patents

Section 63 of the patents act

Essentials of section 63 of the patens act:

It talks about surrender of a patent and if someone wants to surrender his patent the following essentials has to be made

1. The patent holder has to give notice to the controller of patent stating that he wants to surrender his patent.
2. This notice then have to be published by the controller, and all those who have interest in the patent or whose name appeared in the register with the patent holder, must be notified for the same.
3. If any person who has interest in patent oppose such surrender, he may give notice to the controller against such surrender and this should be notified to the patent holder.
4. If the controller, after hearing both the parties thinks that the patent must be surrendered, he may revoke the patent.

The notice of opposing the surrender of patent is to be given in 3 months from the publication of the notice of surrender.  If the surrender is accepted then the controller may:

1. Ask the patent holder to Return the patent, or
2. Revoke it by order, or
3. Publish about such revocation.

Revocation of patents

Section 64 of the patents Act,1970 talks about revocation of the patent.

A patent that has been granted may be revoked by the appellate board:

1. On the petition of any interested person
2. On a petition filed by the central government
3. On a counter claim in a suit from the High Court.

Grounds for revocation of patent

A Patent may be revoked on following grounds:

1. When the invention that is claimed with complete specification is already claimed in a patent of early priority date with complete specification.
2. The patent was granted on an application of someone who is not entitled to it.
3. That the patent was obtained wrongfully.
4. When the subject of the invention is not patentable.
5. When the invention is not new.
6. When the invention is obvious and does not involve any intellectual invention.
7. When the invention is useless
8. When the invention is not fairly and completely described. In the complete specification the invention is not properly described and is insufficient for a person for average skill to understand.
9. when the scope is not defined properly of any claim.
10. When a false representation is being made for the purpose of obtaining the patent.
11. When the subject is not patentable of nay claim that has been specified.
12. When the invention that is claimed has been secretly used in India before the date of priority
13. When the information required under section 8 is falsely given or is not given at all by the applicant.
14. When any direction of secrecy has been contravened by the applicant under section 35.
15. When the permission under section 57 and 58 has been obtained by fraud to amend the complete specification.  
16. When there is a biological material involved in the invention the geographical location of such material is given wrong or is not mentioned.
17. When the invention was based on the any already existing knowledge of any local or indigenous community in any part of the India.