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Patent Revocation

The patent holder's previously acquired rights are revoked when a patent is revoked. A request for a patent's revocation may be submitted by anyone who possesses an interest or by the Central Government.

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Patent Revocation - Overview

Revocation is the process of withdrawing anything granted in the broadest meaning. The same is true with patents, which, after approval, cannot thought to be permanent. The patent holder's previously acquired rights are revoked when a patent is revoked. A request for a patent's revocation may be submitted by anyone who possesses an interest or by the Central Government.

Who Can File for Patent Petition Revocation?

The Patent Act of 1970's Section 64 outlines the parties eligible to submit a request for a patent revocation. The people are as follows:

The Central Government,
anyone with a vested interest and
the party is pursuing a counterclaim for violating patents in a patent disagreement.

Ground for revocation of Patent:

Section 64 of the Indian Patent Act 1970 lists the reasons for patent revocation:

An invention covered by a different Indian patent with the exact specifications and an earlier submission or priority date.
An individual not authorised to receive the Patent was granted one.
A person who legally owns the Patent but managed to get it without permission from another. An appeal to revoke the Patent may be made by another person rightfully entitled to it.
The innovation claimed in the granted Patent is invalid, according to Section 2(1)(j) of the 1970 Patent Act.
Considering previous public use or past understanding, the invention stated in the Patent lacked novelty.
The Patent is not being used at all or yielding the anticipated results as stated in the patent specifications because the invention has no practical applicability.
There is no innovative step in the Patent.
The product under claim is an import into India and is not a new invention. Before the priority or publishing date, the invention received much public attention and was used in India.
The scope of any assertion is not adequately or clearly explained in the patent specifications.
The invention and its processes are insufficiently or accurately described in the patent specification.
To get the Patent, Untrue data was mentioned or articulated. The assertion or recommendation must align with any information or statements concerning the Patent's grant.
Section 8 of the Patent Act of 1970 states that the patent applicant has not disclosed all relevant information regarding the facts. Furthermore, the applicant gave false information about the invention.
Section 35 of the Patent Act of 1970 states that the Patent Applicant violated the Controller's appeal for confidentiality.
The Controller's disrespect for the duty of secrecy when a patent application was submitted outside of India without permission.
By deceit, the applicant was able to get the authority to amend a patent's whole specification by Sections 57 or 58 of the Patent Act of 1970.
The patent specification does not entirely identify the source or location of the biological material used in the invention.
The traditional knowledge stated in the patent specification is reachable by any regional or indigenous community in India or anywhere else.

According to the Supreme Court (SC), a patent may be revoked under Section 64 of the Patent Act, 1970 by submitting a petition for revocation to the Intellectual Property Appellate Board (IPAB) or by filing a counterclaim in a lawsuit alleging a patent violation. The party contesting the Patent's validity cannot sue the patent holder in both cases simultaneously. If the court attempts to apply one of the remedies, the challenger will not be allowed to use the alternative treatment.

Other provisions for revocation of patents:

Section 65-Revocation in cases related to Atomic Energy:

As per Section 65 of the Patent Act of 1970, a patent may be revoked by the Central Government. A patent may only be revoked by the Central Government if it can prove that the invention it covers has some connection to nuclear energy. Patents cannot be awarded for Innovations in nuclear power under the limitations stated in the Atomic Energy Act of 1962. Consequently, the Indian Central Government forbids the issuance of a patent for an invention about nuclear energy.

Section 66-Revocation of Patent in Public Interest:

Section 66 of the Patent Act of 1970 states that a patent should be cancelled if the Central Government determines that the public interest or the state shall suffer because of the Patent or how its related rights are exercised. A fair shot should be given for the patent holder to claim their entitlement to be heard. After providing the patent holder with the opportunity to comment, the decision to revoke the Patent will be taken based on the specific circumstances.

Section 85-Revocation by Controller for Non-Working:

Section 85 of the Patents Act of 1970 states that a patent may be revoked for non-operation. When it comes to a patent for which a compulsory licence has been granted, the government or anyone interested may apply to the Controller for the Patent's revocation. The revocation of the Patent must be filed in less than two years after granting the obligatory licence.

The rationale behind the revocation is:

Within Indian territory, the patented invention is non-functional.
How the Patent is being used does not meet the logical requirements of the public;
The public cannot purchase the patented invention at an affordable price.

What should be changed about patent opposition and revocation of a patent under public interest?

While it is evident that resistance is necessary to stop the issuance of patents for petty ideas, the opposition can occasionally be a harsh opponent, making it difficult to get patent protection and causing pain for significant patents.

The fear that possible infringers could try to stall the issuance of patents that disagree with their priorities has caused a spike of fear within the right holders. This fear stems from the potentiality that anyone could submit a pre-grant opposition in an application in progress, which could delay the patent award and increase further defence costs.

The applicant is deemed to have obtained the same rights as if the application had been granted a patent as of the publication date of the patent application. Nevertheless, the applicant is not permitted to file a lawsuit for infringement until a patent is formally granted. Anyone can oppose a pending application under Indian law; this process involves more than third-party representation in other jurisdictions. Pre-grant Oppositions demand in-depth pleadings in which the applicant and opponent give comprehensive evidence, a statement, and a reply. Next, the Controller could decide to hold a hearing on this opposition, and the entire process could take many months before a decision is made.

Conclusion:

For various categories of Patent Applications, a number of the grounds for patent revocation require in-depth legal and practical investigation. Based on the information provided by the parties, the Court will ultimately determine whether or not a patent is subject to revocation. If you think the laws governing the cancellation of patents are sufficient.

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At Kanakkupillai, we use our industry experience and knowledge to guide companies through intricate laws, reduce risks, and streamline processes for optimal productivity and profitability.

Frequently Asked Questions

Specifically, what is the revocation of a patent? +

Cancelling a person's rights conferred by a patent award is a patent revocation.

What exclusive rights do patent owners have? +

The owner of the Patent is entitled to stop, use, produce, or import the innovation.

Where can I submit a petition for patent revocation? +

An interested party or the Central Government may file a petition for patent revocation at the IPAB or be displayed as a counterclaim in a High Court infringement litigation.

Who can file for Patent Revocation in India? +

Any interested person, the Central Government, or a litigant making a counterclaim for patent infringement.

What is the rationale for Patent Revocation in India? +

• The invention lacks novelty or creative action. • The invention is not patentable subject matter. • The patent specifications are insufficient or misleading. • The Patent was protected by deception. • The invention was secretly used before the patent application. • The invention is not being worked in India.

When can a Patent be revoked for non-working? +

If the invention is not being used in India, does not fulfil public expectations of needs, or is not provided reasonably for purchase, a patent may be revoked (within two years of a compulsory licence being issued).

How is a decision made on Patent Revocation? +

The evidence put forth by both parties ultimately determines if the courts revoke a patent.

Is legal advice recommended for Patent Revocation? +

It is strongly suggested that you get legal representation for concerns about patent revocation due to the complexity involved.

Can the Government revoke a Patent? +

According to the Atomic Energy Act, the Central Government can withdraw a patent on nuclear energy.

Is Section 64 the only reason for revocation? +

No, Section 25(2) outlines the rationale for a post-grant challenge in a year of the patent grant.