Patent from PTO based on Invention has to be Novel, Non-obviousness and Industrial applicability; a lot of the countries are giving right to patentee for making, 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 also 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 straight to enjoy his rights, concurrently patentee can surrender his patent to PTO before term completion under certain conditions; this is known as Surrender or Inventhelp Store.
A patent could be surrendered by patentee anytime via an application in prescribed format, be considered a total surrender or restricted to a number of claims of 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 made with a failure to pay for the annuities prescribed by law which results in the laps of patent.
2. In exposure to the company transactions: To avoid a declaratory judgment of nullity of 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 Review anytime 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) can give notice of opposition towards the surrender of Patent within 90 days through the date of publication of the notice within 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 could be prejudicial to licensee that have made preparation for or engaged in, in such cases the licensee should are able to guard his interests when you are notified from the intended surrender & given an opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and the facts upon that he is opposing. The opponent may also submit evidences within 3 months through the date of publication of 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 will likely 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 needs to respond within 2 months from the date of opposition receipt received by him. The patentee has to submit a statement that explains the grounds upon which the opposition is contested. The opponent needs to reply within 30 days after finding 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 time as well as date for hearing the opposition. If neither patentee nor opponent desires to know the opposition the controller will decide the opposition and can publish his decision. If Patentee or opponent desires to learn, they should give notice to the controller within ten fvijrm combined with the fee.
Either Patentee or opponent intends to rely 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, together with the information on the publication.
When the Controller accepts the Patentee’s offer to surrender the Ideas Inventions, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published within the Official journal. Your decision or direction in the Controller under section 63 is appealable in Appellate Board.