Section 64-66: Revocation of Patents (Indian Patents Act)

[@ritwikmukherjee6455]

Abhay, you've helped immensely during this last stage of revision of topics for the PAE 2022. As told by the remaining commenters, kindly do try to upload the topics of register of patents, and general powers of controller etc.

[@POONAMDEVI-hn6kd]

Please post video of remaining sections too. You teach very well. Thank you.

[@kiranagwan9254]

Hello sir I am a little confused between section 64 (2) (a) no account shall be taken of personal documents or secret trial or secret use. This is - No Revocation grounds; which mentioned secret use Now Section 64 (1) (l) in which secret use is ground for revocation. Can you please explain both secret use? How does this 2 act work ?

[@saranshrai-fq8dh]

Thankyou so much, Abhay your videos are so informative. You actually decoded the Patent Act in an amazing manner! Kudos 👍🏻

[@AbhayPorwal]

Loved your comment :-). Please spread the joy by liking and sharing.

[@andrewpresley7756]

Thank you for the informative video. Is a patent always revoked in full, or is partial revocation also a possible result? That is to say, do all of the claims fall together if a single claim is found to be invalid?

[@AbhayPorwal]

Section 58 also the amendment of application with a permission of the High court or IPD during such revocation proceedings. Therefore, there could be scenarios that you might be able to save your patent (partial or whole)

[@ushakarthikeyan9403]

Your videos are very informative. Please make videos for the remaining section like international arrangements, IPAB etc.. We will be waiting for ur videos....

[@ranjanabhandari3227]

Sir according to Section 65 if the subject matter is related to Atomic energy ( non -patentable) ….What kind of amendment Controller can allow? Is direct revocation not the only path ?

[@AbhayPorwal]

Amendment to modify the scope or to keep atomic energy or some specific uses related to, out of the scope or purview of the patent

[@nutanpawar9034]

Sir what is the major difference between this section and section 85 application for revocation of patent for non working

[@AbhayPorwal]

The grounds on which the revocation is being done. Those sections can be used anytime (pre or post) - but S85 , only in case of non-working (post CL), where you are provided with reasonable amout of time (2 years) for ensuring that the invention is worked in India.

[@arunmc12]

Thanks for the informative video on section 64, highly appreciate it.

[@AbhayPorwal]

Glad to hear that Arun

[@joyalfreddy3284]

Good afternoon sir My question is Memory card voice records is Primary evidence or Secondary evidence?

[@AbhayPorwal]

You may want to visit this blog: blog.ipleaders.in/admissibility-evidentiary-value-electronic-records/?amp=1#Primary_and_secondary_evidence

[@prashant3285]

Should we use the term IPD or Appellate board in exam.

[@AbhayPorwal]

Intellectual Property Division at High court.

[@moithilisaha2298]

Which form will be used for revocation?

[@AbhayPorwal]

This happens in district/high court - so a petition is filed as per the process/procedure of the courts. No Forms from the Patents Act is used here.

[@shanthalakshmik6884]

Sir, plz clarify me on section 69 , if possible post video for chapter 13, sir

[@AbhayPorwal]

Section 69 provides options to persons who have become entitled to a patent or have acquired share in the patent or have obtained licence of the patent or have derived interest in the patent - need to make an application to the controller for making an "entry" about their "rights" in the register. Such an application can be made by the first party as well - who has given such "rights" to the second party. Controller should be provided with supporting documents - copy of assignment or licence or any other relevant documents for enabling him to make an entry. In case there is any dispute in the assignment - controller waits for courts guidance. The section further states that any document that is not registered with the patent office can't be used as evidence of such a "right" in the court proceedings by the controller.

[@shanthalakshmik6884]

@@AbhayPorwal thank u so much sir