Patent issued by PTO based upon Invention must be Novel, Non-obviousness and Industrial applicability; the majority 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 from your 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 could be surrendered by patentee at any time with an application in prescribed format, be a total surrender or confined to several claims in the Inventhelp Phone Number. Because situation the Controller will publish the offer within the Official journal.
Few grounds to surrender of patents:
1. Surrender of an entire patent is created by a failure to pay for the annuities prescribed legally which results in the laps of patent.
2. In relationship with the business transactions:
• To prevent a declaratory judgment of nullity from the patent
• To get rid of 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) may give notice of opposition for the surrender of Product Idea within 3 months through the date of publication of 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 that have made preparation for or involved in, in such instances the licensee should have a chance to safeguard his interests by being notified from the intended surrender & given the opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and the facts upon that he is opposing. The opponent may also submit evidences within 90 days from your 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 has to submit a statement that explains the grounds upon in which the opposition is contested. The opponent vmgefo to reply within 30 days after getting the statement of patentee. The opponent could 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 know the opposition the controller will decide the opposition and definately will publish his decision. If Patentee or opponent desires to learn, they ought to give notice to the controller within ten days together with the fee.
Either Patentee or opponent promises to rely on any publication at the hearing, not already submitted, can give for the other party as well as the controller not under five days notice of his intention, along with the details of the publication.
If the Controller accepts the Patentee’s offer to surrender the Ideas For Inventions, he directs the patentee to surrender the patent and revoke the patent. The revocation will likely be published within the Official journal. The decision or direction of the Controller under section 63 is appealable in Appellate Board.