Revocation of Patent

patent is territorial rights that exclude others from making, using, selling or proizvodnje.Patenta get released after eighteen months from the filing or priority date.

Any person may file objections within six months from the publication of a patent based on statutory grounds, called pre-approved by the opposition. Once the patent is approved, within one year of persons interested may file objections based on prescribed grounds called the support for the opposition. If a person has missed two chances, and, on the other option is to challenge a patent at any time of patent revocation of patents under section 64 of Indian patent law.

A patent may be revoked at any time during the life of a patent any person interested. Revocation of patents can be brought up in two ways.

1 One of them is the Intellectual Property Appellate Board, where the revocation request may be submitted by any interested person or the central government.

2 The second forum, the High Court in which the revocation of a patent claims as a counter-claim in suit for patent infringement.

notice of any petition for revocation of the patent referred to in paragraph 64 must be served on all persons appearing in the register as owners of the patent or to have shares or interests therein, and it is not necessary to serve notice on any other person.

revocation of patents may be submitted on the following grounds:

1.Izum as claimed in claim fully argued before the specification of the applicable requirement contained in the complete specification of another patent, and that priority date earlier.

2 A patent is granted at the request of a person not entitled to apply in accordance with the provisions of the Patent Act, 1970.

3.Patent was obtained illegally, or contrary to the rights of the petitioner or any person under or through whom he claims.

4.Predmet either request a complete specification is not an invention within the meaning of patent law.

5 The invention claimed in any claim complete specification is not new with respect to predictions of prior publication and prior claim as provided in Section 13th

6 The invention claimed in claims of complete specification is obvious or does not involve any inventive step with regard to what is publicly known or used in India and it is published in India or elsewhere before the priority date the application.

7.Izum as claimed is not useful.

8 The complete specification does not sufficiently and objectively describe the invention and the manner in which it should izvršiti.Opis methods or instructions for the operation of the invention is not sufficient that a person normally skilled in the art for the invention of the complete specification does not disclose the best method of performing the invention which is known to the applicant and that the right to seek protection.

9.Opseg any claim of the complete specification is not sufficiently and clearly defined or request is not based on a rather matter disclosed in the specification.

10.Patent was obtained on false suggestion or representation.

11 The subject of claims of complete specification is not patentable under the Patents Act, 1970.

12 The invention was secretly used in India before the priority date the application.

13 An applicant for patent did not disclose the information controller and take the foreign application or has furnished false information.

14 The applicant contrary to any direction for secrecy relating to inventions relevant for defense or / that caused the request for the grant of a patent outside India without prior approval from regulators.

15.Ostaviti amend complete specification before the controller and the Appellate Board or the Supreme Court has been obtained by fraud.

16 The complete specification does not disclose or falsely stating the source or geographical origin of biological material used for invention.

17.Izum as claimed provided with regard to knowledge, oral or otherwise, available to any local or indigenous community in India or elsewhere.

18. The applicant has made a program abroad prior to filing in India, or without taking the approval of regulators or contraversion.

19 Full specifications are not mentioned clearly, or incorrectly states of origin or geographical source of biological material.

In addition, patent revocation may be made by the Central Government direction, if they relate to the invention of atomic energy in accordance with section 65 of Indian Patent Act, which can be revoked public interest by 66 seconds of Indian Patent Act.

revocation of the patent or amendments to whose specifications the direction of the government in matters related to nuclear energy:
Pursuant to Article 65, where at any time after the grant of the patent, the central government is satisfied that a patent for an invention relating to atomic energy for which a patent can be granted under the Atomic Energy Act, 1962, can not directly undo the regulator patenta.Kontroler then may give notice to the patent and all persons that appear in the register as to interest in patents, and after them the opportunity to be heard, he may revoke the patent.

revocation of patent in public interest:
Pursuant to Article 66, where the central government's view that a patent or a way to achieve the mischievous to the State or generally prejudicial to the public, may, after the patent opportunity to be heard, make a statement to that effect in the Official Gazette, and then patent shall be deemed to be revoked.