Wednesday, 5 August 2015

PATENTS - Revocation

·      Revocation of patents can be made under Section 64 of the Indian Patents Act 1970.
·      Revocation means:
o   Cancellation of the rights granted to a person by the grant of a patent. 
·      The patent can be revoked: 
o   On a petition of any person interested or 
o   By the Central Government or 
o   on a counter claim in a suit for infringement of the patent by the High Court or 
o   on the basis of the grounds mentioned in section 64

GROUNDS FOR REVOCATION

1.     The Claims are invalid;
2.     The Patentee is not entitled for the patent;
3.     Wrongful obtainment of patent;
4.     The subject of any claim is not an invention;
5.     The subject of the invention is not new;
6.     The subject claimed is obvious;
7.     The subject claimed is not useful;
8.     The description of the invention as disclosed in the specification is not elaborate;
9.     The scope of invention disclosed in claims is insufficient;
10. The patent was obtained on a false suggestion or representation;
11. The subject in claim not patentable matter;
12. The invention was secretly used in India before the priority date;
13. The details, required under the Patent Law, has not been disclosed or wrongfully disclosed;
14. Secrecy direction has been issued against the invention;
15. The amendment  of patent application stands outside the scope of the Patent Law
16. The origin of biological material was wrongfully disclosed or not disclosed;
17.  The invention claimed is anticipated by prior knowledge in any local community.


INITIATION OF REVOCATION PROCEEDINGS

  1. Central Government :
Central Government directs the Controller to revoke the patent,
       if the invention relates to defence purposes,
       if the patent is for an invention relating to atomic energy, and
       if the Central Government feels that the patent or the manner in which it is exercised is prejudicial to public
  1. Revocation of patents in the High Court as counter claim  in an infringement suit

  1. Controller:
  •       If a compulsory license has been granted for a patent, and if a person applies to the Controller on the ground that the patented invention is not worked at the optimum to meet the requirements of the public.
  •       If an independent patent has been granted for any modification or improvement on the main invention, the Controller on the patentee’s request may revoke the independent patent on modification of that invention and grant him patent of addition.
  •       If the patentee surrenders the patent the Controller may revoke the patent.


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