Patent issued by PTO based on Invention has to 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 also enjoy his full rights from date of grant to till term completion (i.e 20 years through 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 Inventors Helpline.
A patent might be surrendered by patentee whenever you want through an application in prescribed format, be a total surrender or restricted to one or more 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 your entire patent is created by way of a failure to pay the annuities prescribed legally which results in the laps of patent.
2. In exposure to the business transactions: In order to avoid a declaratory judgment of nullity from the patent. To get rid of 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 will offer to surrender his Invent Help Technology whenever you want via 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 to the surrender of Patent within three months from the date of publication in 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 involved in, in such cases the licensee should have a chance to guard his interests by being notified from the intended surrender & given an 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 your date of publication of the notice in the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. If the patentee doesn’t respond within sixty days after he receiving opposition notice, the patent will be deemed to revoke. When the patentee withdraws the patent after opposition filed, the controller can decide whether cost ought to be awarded to the opponent.
The patentee must respond within two months from the date of opposition receipt received by him. The patentee has to submit an announcement that explains the grounds upon that the opposition is contested. The opponent has to reply within 30 days after getting the statement of patentee. The opponent can 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 know the opposition the controller will decide the opposition and will publish his decision. If Patentee or opponent desires to learn, they ought to give notice towards the controller within ten fvijrm along with the fee.
Either Patentee or opponent promises to count on any publication in the hearing, not already submitted, may give towards the other party as well as the controller not less than five days notice of his intention, together with the specifics of the publication.
When the Controller accepts the Patentee’s offer to surrender the Mom Inventors, 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.