Patent issued by PTO according to Invention should be Novel, Non-obviousness and Industrial applicability; most of the countries are giving right to patentee to make, using, selling, or distributing the patented invention for 20 years duration from the date of file. But, full rights acquire through the date of grant.
Patent holder can take advantage of his full rights from date of grant to till term completion (i.e two decades from the date of first filing date.). Patent holder have straight to enjoy his rights, at the same time patentee can surrender his patent to PTO before term completion under certain conditions; this is known as Surrender or Patent Help.
A patent could be surrendered by patentee anytime with an application in prescribed format, become a total surrender or limited to a number of 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 results in the laps of patent.
2. In relationship with the business transactions: To prevent a declaratory judgment of nullity from the patent. To remove a defense with 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 will offer to surrender his Inventhelp Caveman Commercial whenever you want via an application in prescribed format under section 63 of Indian Patent Act 1970, together 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 Patent within three months from your date of publication from the notice within 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 might be prejudicial to licensee who have made preparation for or engaged in, in such cases the licensee should are able to safeguard his interests by being notified in the intended surrender & given the opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and also the facts upon that he is opposing. The opponent can also submit evidences within 3 months from the date of publication of the notice within 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. When the patentee withdraws the patent after opposition filed, the controller can decide whether cost should be awarded towards the opponent.
The patentee has to respond within 2 months through the date of opposition receipt received by him. The patentee must submit a statement that explains the grounds upon that the opposition is contested. The opponent has to reply within 1 month after getting the statement of patentee. The opponent may also submit further evidences to aid his case.
After evidence presentation or recommendation of Opposition board, the controller will fix time as well as date for hearing the opposition. If neither patentee nor opponent desires to learn the opposition the controller will decide the opposition and can publish his decision. If Patentee or opponent desires to hear, they ought to give notice towards the controller within ten fvijrm combined with the fee.
Either Patentee or opponent plans to count on any publication on the hearing, not already submitted, may give to the other party and to the controller not under five days notice of his intention, combined with the details of the publication.
In the event the Controller accepts the Patentee’s offer to surrender the Inventors Helpline, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published in the Official journal. The choice or direction of the Controller under section 63 is appealable in Appellate Board.