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 take advantage of his full rights from date of grant to till term completion (i.e twenty years through the date of first filing date.). Patent holder have directly to enjoy his rights, at the same time 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 at any time with an application in prescribed format, become a total surrender or restricted to a number of claims in the Invent Help. Because situation the Controller will publish the offer in the Official journal.
Few grounds to surrender of patents:
1. Surrender of an entire patent is produced by way of a failure to pay the annuities prescribed legally which leads to the laps of patent.
2. In exposure to the organization transactions:
• To prevent a declaratory judgment of nullity from the patent
• To eliminate a defense for an action for infringement, would like 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 whenever you want via an application in prescribed format under section 63 of Indian Patent Act 1970, in addition to fees (Four thousand for legal entity; Refer PTO site for updated fees).
Any interested person (including licensee) can provide notice of opposition to the surrender of Invention within 3 months through the date of publication from the notice in the Official journal. The notice of opposition needs to be in form 14 with prescribed fee (Six thousand for legal entity; Refer PTO site for updated fees).
Surrender might be prejudicial to licensee who may have made preparation for or engaged in, in such instances the licensee should are able to safeguard 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 three months through the date of publication in the notice in the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. If the patentee doesn’t respond within two months after he receiving opposition notice, the patent is going to be deemed to revoke. In the event the patentee withdraws the patent after opposition filed, the controller can decide whether cost ought to be awarded to the opponent.
The patentee needs to respond within two months through the date of opposition receipt received by him. The patentee needs to submit an announcement that explains the grounds upon that the opposition is contested. The opponent vmgefo to reply within 1 month after finding the statement of patentee. The opponent may also submit further evidences to support 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 definately will publish his decision. If Patentee or opponent desires to know, they ought to give notice for the controller within ten days together with the fee.
Either Patentee or opponent plans to count on any publication in the hearing, not already submitted, can give for the other party and to the controller not less than five days notice of his intention, along with the details of the publication.
When the Controller accepts the Patentee’s offer to surrender the Inventhelp Caveman Commercials, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published within the Official journal. Your decision or direction from the Controller under section 63 is appealable in Appellate Board.