SURRENDER AND REVOCATION OF PATENTS

sections 63 to 66 deal with the subject of surrender and revocation of patents.

Surrender of Patents (s. 63). A patentee may, at any time by giving notice to the controller, offer to surrender his patent. Where such an offer is made, the controller shall advertise the offer, and also notify every person whose name appears in the Register as having an interest in the patent. Any person interested may give notice of opposition to the surrender. The controller, after completing the procedure and hearing the parties may accept the offer and revoke the patent.

Revocation of patents (s. 64). The high court may revoke the patent (i) on a petition by (a) any person interested; or (b) the central government, or (ii) on a counter claim in a suit for infringement of the patent. Following are the grounds on which a patent may be revoked;

  (i) that the invention claimed in any claim of complete specification was claimed already in a valid claim of the earlier priority date contained in complete specification of another patent granted in India;

   (ii) that the patent was granted on an application of the person not entitled to apply for the patent;

  (iii) that the patent was obtained wrongfully in contravention of the rights of the petitioner;

  (iv) that the claim of the complete specification is not an invention within the meaning of the Act;

  (v) that the invention as claimed, is not new having regard to what was publicly known or used in India or elsewhere before the expiry date of the claim;

  (vi) that the invention is obvious or does not involve any inventive step;

  (vii) that the invention is not useful;

  (viii) that the complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed;

  (ix) that the scope of the claim of the complete specification is not sufficiently and clearly defined or is not fairly based on the matter disclosed in the specification;

  (x) that the patent was obtained on a false suggestion or representation;

  (xi) that the subject of the claim is not patentable under the Act;

  (xii) that the invention claim was secretly used in India;

  (xiii) that the claimed invention failed to disclose the requisite information and undertaking regarding the foreign application;

  (xiv) that the applicant has contravened any direction for secrecy passed by

controller or the central government;

  (xv) that the leave to amend the complete specification was obtained by fraud;

  (xvi) that the revocation which the central government consider is necessary in the interest of security of India;

Also a patent may be revoked by the High Court on the petition of the Central Government if the High Court is satisfied that the patentee has without reasonable cause failed to comply with the request of the Central Government to make, use or exercise the patented invention for the purposes of government.

Revocation of patent on directions from Central Government in cases relating to atomic energy (s. 65). Where the Central Government is satisfied that a patent is for an invention relating to atomic energy for which no patent can be granted, then it may direct the controller to revoke the patent. Then the controller may revoke the patent
.

Revocation of patent in public interest (s. 66). Where the Central Government is of opinion that patent or the mode in which it is exercised is mischievous to the state or generally prejudicial to the public, it may make a declaration to that effect in the

official gazette. It shall give an opportunity to the patentee to be heard before making such a declaration. Then the patent shall be deemed to be revoked.