Revocation and surrender of patents
Every ground on which a granted Indian patent can be taken away.
Revocation can be sought by a person interested or by the Central Government, and it can also be raised as a counter-claim in an infringement suit.
The grounds are broad: lack of novelty or inventive step, non-patentable subject matter, insufficiency, wrongful obtaining, false suggestion, failure to disclose foreign applications, failure to comply with a secrecy direction, and more.
A patentee can also surrender a patent voluntarily, which is sometimes the commercially sensible answer when the portfolio has moved on.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 13Search for anticipation by previous publication and by prior claim
- 25Opposition to the patent
- 26In cases of “obtaining” Controller may treat the patent as the patent of opponent
- 29Anticipation by previous publication
- 32Anticipation by public working
- 34No anticipation if circumstances are only as described in sections 29, 30, 31 and 32
- 40Liability for contravention of section 35 or section 39
- 52Grant of patent to true and first inventor where it has been obtained by another in fraud of him
- 55Term of patents of addition
- 56Validity of patents of addition
- 58Amendment of specification before High Court
- 59Supplementary provisions as to amendment of application or specification
- 63Surrender of patents
- 64Revocation of patents
- 65Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy
- 66Revocation of patent in public interest
- 85Revocation of patents by the Controller for non-working
- 102Acquisition of inventions and patents by the Central Government
- 104Jurisdiction
- 107Defences, etc., in suits for infringement
- 113Certificate of validity of specification and costs of subsequent suits for infringement thereof
- 114Relief for infringement of partially valid specification
- 117BProcedure and powers of Appellate Board
- 117CBar of jurisdiction of courts, etc.
- 117DProcedure for application for rectification, etc., before Appellate Board
- 151Transmission of orders of courts to Controller
- 157AProtection of security of India
- 158Power of High Courts to make rules
Defending or seeking a revocation?
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