Patent issued by PTO based on Invention should be Novel, Non-obviousness and Industrial applicability; a lot 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 also enjoy 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 directly to enjoy his rights, at the same time 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 whenever you want with an application in prescribed format, be a total surrender or limited to one or more claims from the Inventhelp New Store Products. In this 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 cover the annuities prescribed by law which leads to the laps of patent.
2. In exposure to the company transactions:
• To prevent a declaratory judgment of nullity of the patent
• To eliminate a defense for 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 will 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) can give notice of opposition for the surrender of How To File A Patent within 90 days from your date of publication of the notice inside 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 could be prejudicial to licensee who have made preparation for or engaged in, in such cases the licensee should are able to guard his interests when you are notified in the intended surrender & given a chance 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 could also submit evidences within 3 months from your date of publication from the notice inside the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. When the patentee doesn’t respond within 2 months after he receiving opposition notice, the patent is going to be deemed to revoke. If the patentee withdraws the patent after opposition filed, the controller can decide whether cost should be awarded to the opponent.
The patentee has to respond within sixty days from the date of opposition receipt received by him. The patentee must submit an announcement that explains the grounds upon in which the opposition is contested. The opponent vmgefo to reply within one month after finding 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 learn the opposition the controller will decide the opposition and will publish his decision. If Patentee or opponent desires to learn, they need to give notice for the controller within 10 days along with the fee.
Either Patentee or opponent intends to depend on any publication on the hearing, not already submitted, can give for the other party and to the controller not less than five days notice of his intention, together with the specifics of the publication.
When the Controller accepts the Patentee’s offer to surrender the Invention, he directs the patentee to surrender the patent and revoke the patent. The revocation is going to be published inside the Official journal. The choice or direction in the Controller under section 63 is appealable in Appellate Board.