Intellectual
Property Rights
Patents
Act, 1970
CHAPTER XII: SURRENDER AND REVOCATION OF PATENTS
63. Surrender of patents
(1) A
patentee may, at any time by giving notice in the prescribed manner to
the Controller, offer to surrender his patent.
(2) Where
such an offer is made, the Controller shall advertise the offer in the
prescribed manner, and also notify every person other than the patentee
whose name appears in the register as having an interest in the patent.
(3) Any
person interested may, within the prescribed period after such advertisement,
give notice to the Controller of opposition to the surrender, and where
any such notice is given the Controller shall notify the patentee.
(4) If
the Controller is satisfied after hearing the patentee and any opponent,
if desirous of being heard, that the patent may properly be surrendered,
he may accept the offer and, by order, revoke the patent.
64. Revocation of patents
(1) Subject
to the provisions contained in this Act, a patent, whether granted before
or after the commencement of this Act, may, on the petition of any person
interested or of the Central Government or on a counter-claim in a suit
for infringement of the patent, be revoked by the High Court on any of
the following grounds, that is to say-
(a) that
the invention, so far as claimed in any claim of the complete specification,
was claimed in a valid claim of earlier priority date contained in the
complete specification of another patent granted in India;
(b) that
the patent was granted on the application of a person not entitled under
the provisions of this Act to apply therefor:
PROVIDED
that a patent granted under the Indian Patents and Designs Act, 1911 (2
of 1911) shall not be revoked on the ground that the applicant was the
communicates or the importer of the invention in India and therefore not
entitled to make an application for the grant of a patent under this Act;
(c) that
the patent was obtained wrongfully in contravention of the rights of the
petitioner or any person under or through whom he claims;
(d) that
the subject of any claim of the complete specification is not an invention
within the meaning of this Act;
(e) that
the invention so far as claimed in any claim of the complete specification
is not new, having regard to what was publicly known or publicly used
in India before the priority date of the claim or to what was published
in India or elsewhere in any of the documents referred to in section 13:
PROVIDED
that in relation to patents granted under the Indian Patents and Designs
Act, 1911 (2 of 1911), this clause shall have effect as if the words "or
elsewhere" had been omitted;
(f) that
the invention so far as claimed in any claim of the complete specification
is obvious or does not involve any inventive step, having regard to what
was publicly known or publicly used in India or what was published in
India or elsewhere before the priority date of the claim:
PROVIDED
that in relation to patents granted under the Indian Patents and Designs
Act, 1911, (2 of 1911), this clause shall have effect as if the words
"or elsewhere" had been omitted;
(g) that
the invention, so far as claimed in any claim of the complete specification,
is not1useful;
(h) that
the complete specification does not sufficiently and fairly describe the
invention and the method by which it is to be performed, that is to say,
that the description of the method or the instructions for the working
of the invention, as contained in the complete specification are not by
themselves sufficient to enable a person in India possessing average skill
in, and average knowledge of, the art to which the invention relates,
to work the invention, or that it does not disclose the best method of
performing it which was known to the applicant for the patent and for
which he was entitled to claim protection;
(i) that
the scope of any claim of the complete specification is not sufficiently
and clearly defined or that any claim of the complete specification is
not fairly based on the matter disclosed in the specification;
(j) that
the patent was obtained on a false suggestion or representation;
(k) that
the subject of any claim of the complete specification is not patentable
under this Act;
(l) that
the invention so far as claimed in any claim of the complete specification
was secretly used in India, otherwise than as mentioned in sub-section
(3), before the priority date of the claim;
(m) that
the applicant for the patent has failed to disclose to the Controller
the information required by section 8 or has furnished information which
in any material particular was false to his knowledge;
(n) that
the applicant contravened any direction for secrecy passed under section
35 4[* * *];
(o) that
leave to amend the complete specification under section 57 or section
58 was obtained by fraud.
(2) For
the purposes of clauses (e) and (f) of sub-section (1),-
(a) no
account shall be taken of secret use; and
(b) where
the patent is for a process or for a product as made by a process
described
or claimed, the importation into India of the product made abroad by that
process shall constitute knowledge or use in India of the invention on
the date of the importation, except where such importation has been for
the purpose of reasonable trial or experiment only.
(3) For
the purpose of clause (1) of sub-section (1), no account shall be taken
of any use of the invention-
(a) for
the purpose of reasonable trial or experiment only; or
(b) by
the government or by any person authorised by the government or by a government
undertaking, in consequence of the applicant for the patent or any person
from whom he derives title having communicated or disclosed the invention
directly or indirectly to the government or person authorised as aforesaid
or to the government undertakings; or
(c) by
any other person, in consequence of the applicant for the patent or any
person from whom he derives title having communicated or disclosed the
invention, and without the consent or acquiescence of the applicant or
of any person from whom he derives title.
(4) Without
prejudice to the provisions contained in sub-section (1), a patent may
be revoked by the High Court on the petition of the Central Government,
if the High Court is satisfied that the patentee has without reasonable
cause failed to comply with the request of the Central Government to make,
use or exercise the patented invention for the purposes of government
within the meaning of section 99 upon reasonable terms.
(5) A
notice of any petition for revocation of a patent under this section shall
be served on all persons appearing from the register to be proprietors
of that patent or to have shares or interest therein and it shall not
be necessary to serve a notice on any other person.
65. Revocation of patent or amendment of complete specification
on directions from Central Government in cases relating to atomic energy
(1) Where
at any time after acceptance of a complete specification, the Central
Government is satisfied that an application for a patent or a patent is
for an invention relating to atomic energy for which no patent can be
granted under sub-section (1) of section 20 of the Atomic Energy Act,
1962 (33 of 1962), it may direct the Controller to refuse to proceed further
with the application or to revoke the patent as the case may be, and thereupon
the Controller after giving notice to the applicant or, as the case may
be, to the patentee and every other person whose name has been entered
in the register as having an interest in the patent, and after giving
them an opportunity of being heard, may refuse to proceed further with
the application or may revoke the patent.
(2) In
any proceedings under sub-section (1), the Controller may allow the applicant
for the patent or the patentee to amend the complete specification in
such manner as he considers necessary instead of refusing to proceed with
the application or revoking the patent.
66. Revocation of patent in public interest
Where the
Central Government is of opinion that a patent or the mode in which it
is exercised is mischievous to the State or generally prejudicial to the
public, it may, after giving the patentee an opportunity to be heard,
make a declaration to that effect in the Official Gazette and thereupon
the patent shall be deemed to be revoked.
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