Patent issued by PTO according to Invention has to be Novel, Non-obviousness and Industrial applicability; most of the countries are giving right to patentee for making, using, selling, or distributing the patented invention for 20 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 two decades through the date of first filing date.). Patent holder have right to enjoy his rights, concurrently 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 whenever you want via an application in prescribed format, be considered a total surrender or limited to one or more claims from the How To Start An Invention. In that situation the Controller will publish the offer within the Official journal.
Few grounds to surrender of patents:
1. Surrender of an entire patent is produced by way of a failure to pay for the annuities prescribed by law which results in the laps of patent.
2. In relationship with the organization transactions:
• To avoid a declaratory judgment of nullity of the patent
• To eliminate a defense with 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 provide to surrender his patent whenever you want through an application in prescribed format under section 63 of Indian Patent Act 1970, along with fees (Four thousand for legal entity; Refer PTO site for updated fees).
Any interested person (including licensee) can give notice of opposition to the surrender of Inventhelp New Inventions 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 could be prejudicial to licensee who have made preparation for or engaged in, in such instances the licensee should are able to safeguard his interests when you are notified in the intended surrender & given an opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and the facts upon which he is opposing. The opponent may also submit evidences within 3 months through the date of publication from the notice within the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. In the event the patentee doesn’t respond within sixty days after he receiving opposition notice, the patent will 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 has to respond within 2 months from your date of opposition receipt received by him. The patentee has to submit a statement 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 can also submit further evidences to back up 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 know the opposition the controller will decide the opposition and can publish his decision. If Patentee or opponent desires to know, they ought to give notice for the controller within ten days combined with the fee.
Either Patentee or opponent plans to count on any publication in the hearing, not already submitted, can give towards the other party and to the controller not lower than five days notice of his intention, together with the information on the publication.
If the Controller accepts the Patentee’s offer to surrender the Patent My Idea, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published in the Official journal. The decision or direction from the Controller under section 63 is appealable in Appellate Board.