Patent issued by PTO based upon Invention must be Novel, Non-obviousness and Industrial applicability; most of the countries are giving right to patentee to make, using, selling, or distributing the patented invention for 25 years duration from the date of file. But, full rights acquire from the date of grant.
Patent holder can enjoy his full rights from date of grant to till term completion (i.e two decades from the date of first filing date.). Patent holder have straight to enjoy his rights, concurrently patentee can surrender his patent to PTO before term completion under certain conditions; this is called Surrender or Nullity of patent.
A patent may be surrendered by patentee anytime through an application in prescribed format, become a total surrender or confined to a number of claims in the New Ideas For Inventions. Because situation the Controller will publish the offer within the Official journal.
Few grounds to surrender of patents:
1. Surrender of the entire patent is produced by way of a failure to pay for the annuities prescribed by law which results in the laps of patent.
2. In relationship with the business transactions:
• To avoid a declaratory judgment of nullity of the patent
• To remove a defense with an action for infringement, desires to forfeit the patent or any claim there under, with immediate effect.
3. Reissue of defective patents
The patentee/patent holder can offer to surrender his patent anytime via an application in prescribed format under section 63 of Indian Patent Act 1970, along with fees (Four thousand for legal entity; Refer PTO site for updated fees).
Any interested person (including licensee) may give notice of opposition towards the surrender of Tech within 3 months through the date of publication of the notice in the Official journal. The notice of opposition ought to be in form 14 with prescribed fee (Six thousand for legal entity; Refer PTO site for updated fees).
Surrender may be prejudicial to licensee that have made preparation for or engaged in, in these cases the licensee should have a chance to guard his interests because they are notified in the intended surrender & given the opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and also the facts upon that he is opposing. The opponent could also submit evidences within 3 months from the date of publication of the notice in the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. If the patentee doesn’t respond within sixty days after he receiving opposition notice, the patent will be deemed to revoke. In the event the patentee withdraws the patent after opposition filed, the controller can decide whether cost needs to be awarded towards the opponent.
The patentee has to respond within two months from your date of opposition receipt received by him. The patentee must submit a statement that explains the grounds upon which the opposition is contested. The opponent vmgefo to reply within 1 month after receiving the statement of patentee. The opponent may also submit further evidences to aid his case.
After evidence presentation or recommendation of Opposition board, the controller will fix time as well as date for hearing the opposition. If neither patentee nor opponent desires to learn the opposition the controller will decide the opposition and can publish his decision. If Patentee or opponent desires to hear, they ought to give notice to the controller within 10 days together with the fee.
Either Patentee or opponent intends to depend on any publication in the hearing, not already submitted, can give towards the other party and also to the controller not under five days notice of his intention, combined with the specifics of the publication.
When the Controller accepts the Patentee’s offer to surrender the Inventhelp Innovation, he directs the patentee to surrender the patent and revoke the patent. The revocation is going to be published in the Official journal. The decision or direction in the Controller under section 63 is appealable in Appellate Board.