Patent issued by PTO based on Invention has to be Novel, Non-obviousness and Industrial applicability; a lot of the countries are giving right to patentee for making, using, selling, or distributing the patented invention for 25 years duration from the date of file. But, full rights acquire from the date of grant.
Patent holder can also enjoy 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 directly to enjoy his rights, simultaneously patentee can surrender his patent to PTO before term completion under certain conditions; this is known as Surrender or Nullity of patent.
A patent may be surrendered by patentee whenever you want via an application in prescribed format, be considered a total surrender or limited to several claims of the Market An Invention Idea. In this situation the Controller will publish the offer within the Official journal.
Few grounds to surrender of patents:
1. Surrender of your entire patent is produced by way of a failure to pay for the annuities prescribed by law which leads to the laps of patent.
2. In connection with the organization transactions:
• To avoid a declaratory judgment of nullity in the patent
• To get rid of a defense to an action for infringement, would like to forfeit the patent or any claim there under, with immediate effect.
3. Reissue of defective patents
The patentee/patent holder can provide to surrender his patent anytime 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 provide notice of opposition for the surrender of Inventhelp Commercial within 90 days from the date of publication from the notice inside the Official journal. The notice of opposition should be in form 14 with prescribed fee (Six thousand for legal entity; Refer PTO site for updated fees).
Surrender may be prejudicial to licensee who may have made preparation for or engaged in, in such instances the licensee should are able to guard his interests when you are notified from the intended surrender & given a chance to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and the facts upon which he is opposing. The opponent could also submit evidences within 3 months from the date of publication in the notice in the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. If the patentee doesn’t respond within two months after he receiving opposition notice, the patent is going to be deemed to revoke. If the patentee withdraws the patent after opposition filed, the controller can decide whether cost needs to be awarded for the opponent.
The patentee needs to respond within sixty days from your date of opposition receipt received by him. The patentee needs to submit an announcement that explains the grounds upon in which the opposition is contested. The opponent vmgefo to reply within 1 month after finding the statement of patentee. The opponent could also submit further evidences to support 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 hear the opposition the controller will decide the opposition and will publish his decision. If Patentee or opponent desires to hear, they ought to give notice towards the controller within 10 days along with the fee.
Either Patentee or opponent promises to depend on any publication at the hearing, not already submitted, may give for the other party as well as the controller not lower than five days notice of his intention, along with the details of the publication.
When the Controller accepts the Patentee’s offer to surrender the Inventhelp Caveman, he directs the patentee to surrender the patent and revoke the patent. The revocation is going to be published inside the Official journal. The choice or direction in the Controller under section 63 is appealable in Appellate Board.