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 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 from your date of first filing date.). Patent holder have right 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 What Is A Patent.
A patent might be surrendered by patentee anytime through an application in prescribed format, be a total surrender or limited to several claims in the patent. In this situation the Controller will publish the offer inside the Official journal.
Few grounds to surrender of patents:
1. Surrender of an 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 exposure to 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 Inventhelp Phone Number at any time with 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) can provide notice of opposition towards the surrender of Patent within 90 days through the date of publication from the notice within the Official journal. The notice of opposition should be in form 14 with prescribed fee (Six thousand for legal entity; Refer PTO site for updated fees).
Surrender might be prejudicial to licensee that have made preparation for or engaged in, in such cases the licensee should are able to guard his interests by being notified from the intended surrender & given a chance 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 may also submit evidences within 90 days through the date of publication in the notice in the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. In the event the patentee doesn’t respond within 2 months after he receiving opposition notice, the patent will 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 has to respond within two months from your date of opposition receipt received by him. The patentee needs to submit a statement that explains the grounds upon that the opposition is contested. The opponent must reply within 30 days after getting the statement of patentee. The opponent can 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 can publish his decision. If Patentee or opponent desires to learn, they need to give notice to the controller within ten fvijrm together with the fee.
Either Patentee or opponent promises to count on any publication on the hearing, not already submitted, can provide towards the other party as well as the controller not under five days notice of his intention, together with the specifics of the publication.
In the event the Controller accepts the Patentee’s offer to surrender the Inventhelp Invention Service, he directs the patentee to surrender the patent and revoke the patent. The revocation will likely be published within the Official journal. Your decision or direction in the Controller under section 63 is appealable in Appellate Board.