Patent issued by PTO based on Invention must 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 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 two decades through the date of first filing date.). Patent holder have straight to enjoy his rights, concurrently patentee can surrender his patent to PTO before term completion under certain conditions; this is known as Surrender or Nullity of patent.
A patent may be surrendered by patentee at any time via an application in prescribed format, become a total surrender or limited to a number of claims from the Inventhelp Successful Inventions. Because situation the Controller will publish the offer inside the Official journal.
Few grounds to surrender of patents:
1. Surrender of the entire patent is created by way of a failure to pay the annuities prescribed by law which leads to the laps of patent.
2. In relationship with the business transactions:
• To avoid a declaratory judgment of nullity of the patent
• To remove a defense to an action for infringement, desires 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 anytime through an application in prescribed format under section 63 of Indian Patent Act 1970, together with fees (Four thousand for legal entity; Refer PTO site for updated fees).
Any interested person (including licensee) may give notice of opposition to the surrender of Product Ideas within 3 months through the date of publication in the notice within 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 may 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 of the intended surrender & given a chance to oppose the surrender.
An opponent can send written statement describing the opponent’s interest as well as the facts upon which he is opposing. The opponent could also submit evidences within 3 months from the date of publication of the notice within the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. If the patentee doesn’t respond within sixty days after he receiving opposition notice, the patent will likely be deemed to revoke. When the patentee withdraws the patent after opposition filed, the controller can decide whether cost needs to be awarded to the opponent.
The patentee needs to respond within 2 months from the date of opposition receipt received by him. The patentee needs to submit an announcement that explains the grounds upon in which the opposition is contested. The opponent vmgefo to reply within one month after getting the statement of patentee. The opponent could also submit further evidences to back up his case.
After evidence presentation or recommendation of Opposition board, the controller will fix some time and date for hearing the opposition. If neither patentee nor opponent desires to learn the opposition the controller will decide the opposition and will publish his decision. If Patentee or opponent desires to learn, they ought to give notice for the controller within ten days together with the fee.
Either Patentee or opponent intends to depend on any publication in the hearing, not already submitted, can provide towards the other party and also to the controller not less than five days notice of his intention, combined with the specifics of the publication.
In the event the Controller accepts the Patentee’s offer to surrender the How To Pitch An Idea To A Company, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published within the Official journal. The decision or direction in the Controller under section 63 is appealable in Appellate Board.