Section 63 of the Patents Act, 1970
Surrender of patents
Section 63 allows a patentee to offer to surrender a patent, which the Controller may accept after publication and any opposition.
Official legal text
The verbatim statutory text of this provision is reproduced from the official source and checked by our legal reviewer before it is published here. Until that check is complete for this page, read the exact wording directly from the official source linked below — it is the only version that governs.
This is a simplified explanation. Where it differs from the official text of the provision, or from an applicable Gazette notification, the official text and the notification prevail.
What this section says, in plain language
Not every patent is worth keeping. Renewal fees accumulate, a technology may be abandoned, a licensing dispute may be settled on terms that require the patent to go, or the patentee may conclude that the claims cannot survive a challenge. Section 63 provides an orderly way out. A patentee may at any time by giving notice to the Controller offer to surrender the patent.
Surrender is an offer, not a unilateral act. The Controller publishes the offer so that anyone with an interest knows what is proposed. Any person interested may then give notice of opposition to the Controller within the period the Rules prescribe. Where such notice is given, the Controller notifies the patentee, and both sides are heard before a decision is taken.
The reason opposition exists is that surrender can affect other people. A licensee paying royalties, a co-owner, a security holder, or a party in litigation who wants the patent formally revoked rather than quietly withdrawn all have positions to protect. Surrender that is accepted results in revocation of the patent, which is a different and more final outcome than simply allowing it to lapse for non-payment.
If the Controller is satisfied, after hearing the patentee and any opponent, that the patent may properly be surrendered, the offer may be accepted and the patent revoked by order. Rule 87 sets out the procedure for surrender, and opposition is filed in the prescribed manner. Renewal fees already paid are not returned, and surrender does not undo anything that happened while the patent was in force.
Surrender is also used tactically. A patentee facing a revocation petition may prefer to surrender rather than fight, particularly where several claims are clearly bad and the cost of defending outweighs the value. That decision has consequences for pending infringement claims, for licence agreements and sometimes for costs, so it should be taken with the whole picture in view rather than as a simple cost-saving step.
Why this section matters
Patentees wanting to exit a patent, licensees and co-owners affected by the exit, and opponents in revocation or opposition proceedings.
At any time while the patent is in force, and often during settlement negotiations or a portfolio review.
A right to offer surrender, a publication and opposition process, and a power in the Controller to accept the offer and revoke the patent.
A surrender made without checking licence and security interests can breach contracts, and an interested party who misses the opposition window loses its say.
How it works in practice
Surrender as part of a settlement
A Hyderabad diagnostics company holds an Indian patent on a sample preparation cartridge. A rival files a post-grant opposition and produces strong prior art against the two independent claims. Rather than spend two years defending a patent it no longer sells products under, the company negotiates a settlement in which it agrees to surrender the patent. Its counsel first checks the file: an exclusive licence granted three years earlier to a Pune manufacturer is recorded on the register, and that agreement requires the licensee's consent before any surrender. The company obtains that consent in writing, then gives notice to the Controller offering to surrender the patent. The Controller publishes the offer. No opposition is filed, because the only interested party has already consented. After hearing the patentee, the Controller accepts the offer and revokes the patent. The renewal fees already paid are not refunded, and acts done while the patent was in force are unaffected.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- A patentee may offer to surrender the patent at any time by giving notice to the Controller.
- The offer is published and any interested person may oppose it within the prescribed period.
- The Controller hears the patentee and any opponent before deciding.
- Acceptance of the offer results in revocation of the patent by order.
- Renewal fees already paid are not refunded on surrender.
- Licence, security and co-ownership positions should be checked before surrender is offered.
Common mistakes and misunderstandings
- Treating surrender as the same as simply not paying renewal fees. Surrender leads to revocation by order and cannot be undone by restoration.
- Offering surrender without reviewing recorded licences and encumbrances, which can put the patentee in breach of contract.
- Assuming surrender is instant. It is an offer that is published, can be opposed, and requires the Controller's acceptance.
Connected provisions
Indian patent law works in two layers. The Act carries the substance and the Rules carry the machinery. Because the layers are amended by different processes and at different times, they are presented in separate blocks instead of being merged into one description.
Forms, deadlines and fees
The Second Schedule to the Patents Rules contains the prescribed forms. A form that has been amended will not match an older saved copy, so take a fresh download from the official site before you fill anything in.
- Notice of opposition to a surrender offer must be given within the period prescribed by the Rules after publication; check the current Patents Rules for the exact period.
Open the deadline calculator — and have every date confirmed against the current Rules before you rely on it.
This site does not carry a fee table. The First Schedule to the Patents Rules is the source, the rates vary with the applicant's category and with the mode of filing, and a figure quoted second-hand goes out of date quietly. How Indian patent fees work.
Related judgments
This part of the page is reserved for summaries of decided cases. They are added one at a time, after review by a person qualified to confirm that the summary matches the judgment. Nothing has been cleared for this provision so far, so there is nothing to show. How case notes are prepared.
Questions people ask about Section 63
How do I give up an Indian patent I no longer want?
You can offer to surrender it under Section 63 by giving notice to the Controller at any time. The Controller publishes the offer, any interested person may oppose it within the prescribed period, and after hearing the parties the Controller may accept the offer and revoke the patent. The alternative is simply to stop paying renewal fees, in which case the patent ceases. Surrender is more formal and more final, and is usually chosen where a settlement or a legal position requires the patent to be revoked.
What is the difference between surrender and letting a patent lapse?
Letting a patent lapse happens by inaction when a renewal fee is not paid, and it can be reversed by restoration under Section 60 within eighteen months. Surrender is a deliberate offer that, if accepted, results in the patent being revoked by an order of the Controller. There is no restoration route after a surrender has been accepted. Surrender is also public and open to opposition, so third parties get a chance to object, which does not happen with a simple lapse.
Why would anyone oppose a surrender?
Because surrender can prejudice others. An exclusive licensee may lose the basis of its business; a co-owner may not want the family right destroyed; a party holding security over the patent may lose its collateral; and a revocation petitioner may want a reasoned decision on validity rather than a quiet exit that leaves related patents untouched. Any person interested may give notice of opposition within the prescribed period, and the Controller decides after hearing both sides.
Can I get my renewal fees back if I surrender?
No. Fees already paid to keep the patent in force are not refunded when a patent is surrendered. Surrender also does not affect what happened while the patent was in force, so licences already performed and acts already done are not unwound by it. If cost is the only concern, allowing the patent to lapse at the next renewal date achieves the same saving without a formal proceeding, though it does not deliver the finality that a surrender and revocation order provides.
Thinking of giving up a patent you no longer need?
MYCrave Consultancy checks licences and encumbrances and handles the surrender process before the Controller from start to finish.
You will be speaking with MYCrave Consultancy & Services, the firm that operates this platform. General questions are answered free; matter‑specific work is quoted before anything is done.