Revocation of Patent in India | Grounds for Patent Revocation | Swarit Advisors

A #Patent can be revoked on a petition of any individual interested or of the Central Government or on a counter-claim in an infringement suit of the Patent by the High Court.
The court may revoke a Patent on a petition filed by the Government if the High Court is satisfied that the Patent Owner has, without cause, failed to comply with the Central Government’s request to use, make, or exercise the patented invention for the purpose of Government upon reasonable terms.
Notice of any petition for Patent #Revocation shall be served on all individuals appearing from the register to be owners of the Patent or to have shares or interests therein.
What is a Patent?
A Patent provides the original inventor with protection against the illegal use of the new product or technology, which is the subject matter of the Patent.
The Patent must be new, which means it is not published, used, and not known to any individual working in that particular area. This #protection for registered Patents is for a limited period.
Who can file a petition for Patent Revocation?
• The Central Government
• The person or individual who is making the counter-claim for the Patent Infringement in a suit
Where can a petition for Patent Revocation be filed?
A petition for the Patent Revocation should be filed in the IPAB (Intellectual Property Appellate Board) by any of the individuals under Section 64 of the Patent Act, 1970.
Section 104 of the Patent Act provides the jurisdiction feature for filing a petition for the Patent Revocation.
The Grounds for Patent Revocation
To counter-claim or disagree, one must have some grounds on which he or she can reply.
The Patent Act, 1970 provides some grounds on which a proposed individual can file a petition under the IPAB (Intellectual Property Appellate Board) or can file as a counter-claim in a suit for an infringement at the High Court.
Section 64 - Revocation of Patents
The following grounds for Patent Revocation come under Section 64 of the Patent Act, 1970 -
1. If the Patent right has already safeguarded a similar invention with an earlier filing date
2. If the invention fails to give the services as specified in its specification while applying for Patent Registration
3. A Patent can be revoked if issued to an individual who is not entitled under Patent Act
4. If an individual provided with the Patent is not the actual owner and has, by misrepresentation or fraud, obtained the Patent protection, the actual owner can look for the remedy of Patent Revocation
5. According to Section 8 of the Patent Act 1970, the inventor is bound to reveal all the details required by the Section, and if such inventor misrepresents/fails any of the asked details, the Patent shall be revoked
6. As per Section 35 of the Act, the Controller gives some compliance of the confidentiality direction which has to be respected; but, if any inventor fails to comply with provided compliances, their Patent may be revoked or cancelled
7. The inventions that come under the ambit of Section 3 of the Patent Act are not entitled to be patented
8. Section 57 or 58 of the Patent Act, 1970 talks about the permission for alteration of overall specifications of Patent; however, if any inventor utilising fraud obtains the permission under the mentioned Section their Patent comes at the sake where it can be revoked
9. If an invention lacks originality regarding prior public use or prior knowledge in such a scenario, the Patent can be revoked
10. In the cases where the innovator gets the invention from overseas, and that innovation is already familiar to the public of India
11. The inventor is bound to reveal the geographical source of the biological material used in the invention; if they fail to reveal them properly, he may invite an unnecessary revocation threat
12. If the invention doesn't fulfil the standard of Section 2(1) (j) of the Patent Act, the Patent granted on such innovation can be revoked or cancelled
13. If the invention claimed by the actual invention is already familiar to the local or native community in India
Section 66 - Patent Revocation in the Public Interest
Law doesn't allow any person to be self-centred, i.e. if something you discover something which is beneficial for you, but it's harmful to the public at large or the process via which it gets prepared is harmful to the public at large, the law won't allow you to continue with your discovery.
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