Patent issued by PTO according to Invention should be Novel, Non-obviousness and Industrial applicability; the majority of the countries are giving right to patentee for producing, 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 take advantage of his full rights from date of grant to till term completion (i.e 20 years from your 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 Nullity of patent.
A patent might be surrendered by patentee anytime through an application in prescribed format, be considered a total surrender or limited to several claims in the Inventhelp Success Stories. In this situation the Controller will publish the offer inside the Official journal.
Few grounds to surrender of patents:
1. Surrender of an entire patent is created by way of a failure to cover the annuities prescribed legally which leads to the laps of patent.
2. In connection with the company transactions:
• To prevent a declaratory judgment of nullity in the patent
• To remove a defense to 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 can provide to surrender his patent whenever you want with an application in prescribed format under section 63 of Indian Patent Act 1970, in addition to fees (Four thousand for legal entity; Refer PTO site for updated fees).
Any interested person (including licensee) may give notice of opposition towards the surrender of Inventhelp Wiki within three months from the date of publication of the notice inside 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 may be prejudicial to licensee who may have made preparation for or involved in, in such cases the licensee should are able to guard his interests by being notified in the intended surrender & given a chance 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 90 days through the date of publication in the notice within the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. In the event the patentee doesn’t respond within 2 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 to the opponent.
The patentee has to respond within sixty days from the date of opposition receipt received by him. The patentee must submit a statement that explains the grounds upon which the opposition is contested. The opponent vmgefo to reply within one month after getting the statement of patentee. The opponent may also submit further evidences to back up his case.
After evidence presentation or recommendation of Opposition board, the controller will fix time and date for hearing the opposition. If neither patentee nor opponent desires to hear the opposition the controller will decide the opposition and can publish his decision. If Patentee or opponent desires to learn, they should give notice for the controller within 10 days together with the fee.
Either Patentee or opponent promises to count on any publication in the hearing, not already submitted, can give for the other party and also to the controller not lower than five days notice of his intention, combined with the information on the publication.
If the Controller accepts the Patentee’s offer to surrender the Inventhelp Commercials, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published inside the Official journal. The decision or direction from the Controller under section 63 is appealable in Appellate Board.