Revocation

Difference between Revocation and Surrender of patents

A patent can be cancelled by way of two ways. One of them is to surrender the patent and other one is

to revoke the patent. Surrender of patent is a process initiated by the patentee himself and he has

discretion to surrender the patent. Revocation of pate

failing to comply with certain criteria.

Revocation means cancellation of the rights granted to a person by the grant of a patent. The patent can

be revoked on petition of any person interested or of the Central Government or on a counter claim in a

suit for infringement of the patent by the High

64.

There are certain grounds on which the patent can be revoked. As a patent is in the public interest, if

there are conflicts on the same, the patent can be revoked on various grounds.

Broadly a patent can be revoked in the following cases;

1. That the invention so far as claimed in any claim of the complete specification was claimed in a

valid claim of earlier priority date contained in the complete specification of another patent

granted in India.

2. That the patent was granted on the application of a person not entitled under the provisions of

the Act to apply for the patent. Section 6 of the Act defined the categories of the persons

entitled to apply for a patent. If any application is filed contrave

patent can be revoked.

3. That the patent was obtained wrongfully in contravention of the rights of the petitioner or any

person under or through whom he claims. This ground is applicable in the case when the

petitioner happens to be the person entitled to apply and the patent was obtained wrongly in

contravention of his rights.

4. That the subject of any claim of the complete specification is not an invention within the

meaning of the Act.

5. That the invention so far as clai

regard to what was publicly known or publicly used in India before the priority date of the claim

or to what was published in India or elsewhere in any of the documents referred to in sectio

of the Act.

6. That the invention so far as claimed in any claim of the complete specification is obvious or does

not involve any inventive step, having regard to what was publicly known or publicly used in

India or what was published in India or elsew

7. That the invention so far as claimed in any claim of the complete specification, is not useful.

8. That the complete specification does not sufficiently and fairly describe the invention and the

method by which

method or the instructions for the working of the invention, as contained in the complete

specification are not by themselves sufficient to a person in India possessing average ski

average knowledge of, the art to which the invention relates, to work the invention, or that it

does not disclose the best method of performing it which was known to the applicant for the

patent and for which he was entitled to claim protection.

9. That the scope of any claim of the complete specification is not sufficiently and clearly defined

or that any claim of the complete specification is not fairly based on the matter disclosed in the

specification.

10. That the patent was obtained on a false




discretion to surrender the patent. Revocation of patent is done by the Government and is done on

failing to comply with certain criteria.



suit for infringement of the patent by the High Court or on the basis of the grounds mentioned in section



y a patent can be revoked in the following cases;

That the invention so far as claimed in any claim of the complete specification was claimed in a


dia.

That the patent was granted on the application of a person not entitled under the provisions of


entitled to apply for a patent. If any application is filed contrave

patent can be revoked.

That the patent was obtained wrongfully in contravention of the rights of the petitioner or any


pens to be the person entitled to apply and the patent was obtained wrongly in

contravention of his rights.

That the subject of any claim of the complete specification is not an invention within the

meaning of the Act.

That the invention so far as claimed in any claim of the complete specification is not new, having


or to what was published in India or elsewhere in any of the documents referred to in sectio

That the invention so far as claimed in any claim of the complete specification is obvious or does


India or what was published in India or elsewhere before the priority date of the claim.

That the invention so far as claimed in any claim of the complete specification, is not useful.

That the complete specification does not sufficiently and fairly describe the invention and the

method by which it is to be performed. This ground can be taken when the description of the


specification are not by themselves sufficient to a person in India possessing average ski




That the scope of any claim of the complete specification is not sufficiently and clearly defined


That the patent was obtained on a false suggestion or representation.




nt is done by the Government and is done on



Court or on the basis of the grounds mentioned in section







entitled to apply for a patent. If any application is filed contravening the said provisions then the





med in any claim of the complete specification is not new, having


or to what was published in India or elsewhere in any of the documents referred to in section 13



here before the priority date of the claim.

That the invention so far as claimed in any claim of the complete specification, is not useful.


it is to be performed. This ground can be taken when the description of the


specification are not by themselves sufficient to a person in India possessing average skill in, and






suggestion or representation.

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nt is done by the Government and is done on



Court or on the basis of the grounds mentioned in section






ning the said provisions then the





med in any claim of the complete specification is not new, having


n 13




it is to be performed. This ground can be taken when the description of the


ll in, and





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11. That the subject of any claim of the complete specification is not patentable under the Act.

12. That the invention so far as claimed, in any claim of the complete specification was secretly used

in India, otherwise than as mentioned in section 64(3) of the Act before the priority date of the

claim.

13. That the applicant for the patent has failed to disclose to the Controller the information

required by section 8 of the Act or has furnished information, which in any material particular

was false to his knowledge.

14. That the applicant contravened any direction for secrecy passed under section 35 or section 39

of the Act.

15. That leave to amend the complete specification was obtained by fraud.

16. That the complete specification does not disclose or wrongly mentions the source or

geographical origin of biological material used for the invention.

17. That the invention so far as claimed in any claim of the complete specification was anticipated

having regard to the knowledge, oral or otherwise, available within any local or indigenous

community in India or elsewhere.

18. The patent can be revoked suo moto by the Central Government in the public interest.

19. The patent can be revoked for non-working of the patent.

20. The patent can be revoked in relation to patents relating to atomic energy.

21. If a patent or the mode of its exercise is found to be mischievous to the State or generally

prejudicial to the public, the patent may be revoked. The foundation of this revocation is that

the use of the invention by the patentee should not be contrary to the law or mischievous to the

State.

22. The Court may revoke a patent, which has already expired.

A patent may be revoked by the High Court on a petition filed by the Central Government, if the High

Court is satisfied that the patentee has without cause failed to comply with the request of the Central

Government to make, use or exercise the patented invention for the purpose of the Government within

the meaning of section 64(4) of the Act.

A patentee may anytime by giving notice to the Controller offer to surrender his patent. A notice is

required to be given for surrender of the patent. The patentee can surrender his patent by means of an

ordinary letter addressed to the Controller of Patents at the appropriate office. On receiving the notice,

the Controller shall publish the offer given in section 63 of the Act. When such an offer is made, the

Controller has to publish the offer in the prescribed manner and also to notify every person other than

the patentee whose names appear in the Register of Patents as having an interest in the patent. The

publication is in the Patent Office Journal. The procedure is essential for the safeguard of person

interested in the said patent for the purposes of licenses, as assignees and with others with whom the

patentee might have contractual obligations, which are dependent on the continuance of the Patent.

After the publication any person interested may within the prescribed period give notice of opposition

to the Controller. If the Controller is satisfied after hearing the patentee and the opponent, the patent

can be surrendered. The Controller accepting the patentee’s offer may direct the patentee to return the

patent and after the receipt of the patent, the Controller has to issue an order revoking the patent and

publish the revocation of the patent. After such revocation and notification, the invention disclosed in

the patent will become the property of the public.

Documents

Revocation