Patent from PTO according to Invention must be Novel, Non-obviousness and Industrial applicability; a lot 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 from the date of grant.
Patent holder can enjoy his full rights from date of grant to till term completion (i.e two decades through the date of first filing date.). Patent holder have directly 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 Ideas For Inventions.
A patent may be surrendered by patentee anytime through an application in prescribed format, become a total surrender or limited to a number of claims in the patent. Because situation the Controller will publish the offer inside the Official journal.
Few grounds to surrender of patents:
1. Surrender of your entire patent is made by a failure to cover the annuities prescribed by law which leads to the laps of patent.
2. In connection with the company transactions: To avoid a declaratory judgment of nullity in the patent. To eliminate a defense for 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 offer to surrender his Inventhelp Success at any time through 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 Patent within 90 days from your date of publication in the notice in 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 could be prejudicial to licensee that have made preparation for or engaged in, in these cases the licensee should have a chance to safeguard his interests when you are notified in the intended surrender & given an opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest as well as the facts upon that he is opposing. The opponent may also submit evidences within 3 months through the date of publication in 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 will likely be deemed to revoke. When the patentee withdraws the patent after opposition filed, the controller can decide whether cost should be awarded for the opponent.
The patentee needs to respond within 2 months from your date of opposition receipt received by him. The patentee needs to submit a statement that explains the grounds upon which the opposition is contested. The opponent needs to reply within 30 days after receiving 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 will publish his decision. If Patentee or opponent desires to know, they ought to give notice for the controller within ten fvijrm combined with the fee.
Either Patentee or opponent promises to depend on any publication in the hearing, not already submitted, can provide towards the other party and also to the controller not less than five days notice of his intention, combined with the specifics of the publication.
In the event the Controller accepts the Patentee’s offer to surrender the Ideas For Inventions, he directs the patentee to surrender the patent and revoke the patent. The revocation is going to be published inside the Official journal. Your decision or direction of the Controller under section 63 is appealable in Appellate Board.