Patent issued by PTO according to Invention should be Novel, Non-obviousness and Industrial applicability; most of the countries are giving right to patentee for making, 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 20 years from the date of first filing date.). Patent holder have right to enjoy his rights, simultaneously patentee can surrender his patent to PTO before term completion under certain conditions; this is called Surrender or How Do You Patent An Idea.
A patent may be surrendered by patentee anytime with an application in prescribed format, be a total surrender or limited to several claims from the patent. Because situation the Controller will publish the offer in the Official journal.
Few grounds to surrender of patents:
1. Surrender of an entire patent is produced with a failure to cover the annuities prescribed by law which leads to the laps of patent.
2. In relationship with the business transactions: In order to avoid a declaratory judgment of nullity in the patent. To get rid of a defense for an action for infringement, desires 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 Reviews For Inventhelp whenever you want via an application in prescribed format under section 63 of Indian Patent Act 1970, along with fees (Four thousand for legal entity; Refer PTO site for updated fees).
Any interested person (including licensee) can give notice of opposition for the surrender of Patent within 3 months through the date of publication in the notice within the Official journal. The notice of opposition ought to be in form 14 with prescribed fee (Six thousand for legal entity; Refer PTO site for updated fees).
Surrender could be prejudicial to licensee who may have made preparation for or involved in, in these cases the licensee should have a chance to safeguard his interests because they are notified of the intended surrender & given an opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and the facts upon that he is opposing. The opponent may also submit evidences within 3 months from your date of publication from the notice in 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 is going to be deemed to revoke. In the event the patentee withdraws the patent after opposition filed, the controller can decide whether cost needs to be awarded towards the opponent.
The patentee needs to respond within two months from your date of opposition receipt received by him. The patentee has to submit a statement that explains the grounds upon that the opposition is contested. The opponent has to reply within 1 month after finding the statement of patentee. The opponent can also submit further evidences to aid his case.
After evidence presentation or recommendation of Opposition board, the controller will fix some 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 learn, they need to give notice to the controller within ten fvijrm combined with the fee.
Either Patentee or opponent promises to rely on any publication at the hearing, not already submitted, can provide for the other party as well as the controller not under five days notice of his intention, along with the information on the publication.
If the Controller accepts the Patentee’s offer to surrender the Inventhelp Store, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published inside the Official journal. The choice or direction in the Controller under section 63 is appealable in Appellate Board.