Patent issued by PTO based on Invention should be Novel, Non-obviousness and Industrial applicability; the majority of the countries are giving right to patentee for producing, 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 twenty years through the date of first filing date.). Patent holder have straight 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 could be surrendered by patentee whenever you want through an application in prescribed format, become a total surrender or restricted to a number of claims from the New Product Idea. In that situation the Controller will publish the offer in the Official journal.
Few grounds to surrender of patents:
1. Surrender of your entire patent is made by way of a failure to pay the annuities prescribed legally which results in the laps of patent.
2. In connection with the business transactions:
• In order to avoid a declaratory judgment of nullity from the patent
• To get rid of a defense to an action for infringement, wishes 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 at any time via 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 towards the surrender of Inventhelp Commercial within 3 months from the 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 may be prejudicial to licensee that have made preparation for or involved in, in such instances the licensee should have a chance to guard his interests by being notified in the intended surrender & given the opportunity 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 inside the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. When the patentee doesn’t respond within two months 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 should be awarded to the opponent.
The patentee has to respond within sixty days from your 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 1 month after finding the statement of patentee. The opponent could also submit further evidences to aid his case.
After evidence presentation or recommendation of Opposition board, the controller will fix time and 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 hear, they should give notice for the controller within ten days along with the fee.
Either Patentee or opponent promises to rely on any publication in the hearing, not already submitted, can provide to the other party and to the controller not under five days notice of his intention, together with the specifics of the publication.
When the Controller accepts the Patentee’s offer to surrender the Inventhelp Successful Inventions, he directs the patentee to surrender the patent and revoke the patent. The revocation is going to be published inside the Official journal. Your decision or direction in the Controller under section 63 is appealable in Appellate Board.