Query Select Language ▼



P AT E N T
R E V O C A T I O N O F PA T E N T
PATENT

TRADEMARKS

DESIGN

COPYRIGHT

DOMAIN NAMES

GEOGRAPHICAL INDICATION

Patent Fee
Revocation Of Patent In India
Calculator
Patent Fee A patent can be revoked on petition of any person interested or of the

Calculator can be Central Government or on a counter claim in a suit for infringement of the

used to calculate
patent by the High Court. A patent may be revoked by the High Court on a
petition filed by the Central Government, if the High Court is satisfied that
the o cial cost of

ling a Patent
the patent holder has without cause failed to comply with the request of

the Central Government to make, use or exercise the patented invention
application in for the purpose of the Government upon reasonable terms . A notice of
Query Select Language ▼
India. Fill in the any petition for revocation of a patent shall be served on all persons
appearing from the register to be proprietors of that patent or to have

required details

and get the shares or interests therein.

estimate of Grounds for revocation of patent :
o cial/ 1. The invention claimed in any claims of complete speci cation is already
Government fees claimed in another patent granted in India with an earlier priority date or ling
to le a patent in date.
India. 2. The patent was granted to a person who is not entitled to it.
3. Patent was wrongfully obtained by a person from the person who is entitled to
Patent Fee
Calculator it, then the person entitled to apply for a patent may le a petition under this sub
section for revocation.
OVERVIEW 4. The invention claimed in the granted patent is not an invention under section
PATENT 2(1)(j) i.e. the new product or process claimed in the patent does not involve an
SEARCH
inventive step and/or have industrial applicability.
PATENT
DRAFTING 5. Invention claimed in the patent is lacking in novelty with regard to prior
PATENT knowledge or prior public use.
APPLICATION
TYPES 6. Invention claimed in the patent is obvious with regard to prior knowledge or
PATENT FILING prior public use. The term obvious means that a “person having ordinary skill in
PCT NATIONAL the art” would be able to come up with the same solution for the directed
PHASE ENTRY
problem as claimed in the patent.
FOREIGN
FILING LICENSE 7. no account shall be taken of personal document or secret trial or secret use;

PATENT FILING 8. The importation of a product into India which is made in abroad by a patented
FEES & FORMS
process constitutes knowledge or use in India on the date of importation. It is
PATENT
PROCEDURE not considered anticipation if such importation is for the purpose of reasonable
trial or experiment only.
PATENT
FLOWCHART 
PATENT 9. Invention is not useful i.e. either it may not operate at all or it may not provide
Query Select Language ▼
OPPOSITION
the desired result as mentioned in the patent speci cation.
PATENT 
ANNUITY 10. The complete speci cation of the patent does not su ciently and fairly
PAYMENTS
describe the invention and/or the method by which it is to be performed:
PATENT
ASSIGNMENT • the description of method or the instruction for the working of the invention
WORKING OF as mentioned in the complete speci cation are not themselves su cient for
PATENTED
INVENTIONS a person with average skill or knowledge in the art, to which the invention

REVOCATION OF relates, to work the invention; or

PATENT
• the best method of working known by the applicant of patent is not
COMPULSORY
LICENSING disclosed in the speci cation.

PATENT
INFRINGEMENT
11. The scope of any claim of a patent is not de ned su ciently and clearly and/or
PATENT ACT
INDIA any claim is not fairly based on the matter disclosed in the patent speci cation.
PCT 12. Patent was obtained by false suggestion or representation which may relate to
APPLICATION
the speci cation or to any fact or statement made in connection with the grant.
PCT SEARCH
13. The invention claimed in the patent is not patentable in India i.e. it falls under
PCT FILING
PROCEDURE section 3 or section 4 of the patents act. The section 3 of the Indian Patents Act
INDIA
de nes the categories under which if an invention lies, is not patentable while
INDIAN PATENT
OFFICE – ISA section 4 states that an invention related to atomic energy is not patentable in

PATENT India.
APPLICATION
FILING TRENDS 14. Patent may be revoked on the ground that the claimed invention was secretly

SECTION 8 & used in India before the priority date unless:

RULE 12
• it was for the purpose of reasonable trial or experiment only;
PATENT
LITIGATION • use of the invention by the Government or by Government authorized person

ONLINE FILING
or by a Government undertaking, in consequence of the applicant for the
OF PATENTS
PATENT FAQ
patent or any person from whom he derives title having communicated or

 PATENT & disclosed the invention directly or indirectly to the Government or person
Query Select Language ▼
TECHNOLOGIES
authorized as aforesaid or to the Government undertaking; or
PATENT FEE 
CALCULATOR • use of the invention by any other person, in consequence of the applicant for
the patent or any person from whom he derives title having communicated
Submit Query or disclosed the invention, and without the consent or acquiescence of the
applicant or of any person from whom he derives title.

15. Patent may be revoked on failure to disclose information regarding Foreign

Application u/s 8 to the Controller. If the applicant obtained a patent by
concealing the matters or furnished false information regarding foreign
applications, the Patent may be revoked on this ground.
16. Non-compliance of secrecy direction issued by the Controller or ling patent
application outside India without prior permission of the Controller may lead to
revocation of patent. Issue of secrecy direction u/s 35 of the Patents Act means
the invention has been considered relevant for Defense purpose; hence
publication of information or communication of the information related to the
invention is prohibited. If the applicant contravenes any such direction, the
Patent granted may be revoked.If the applicant, resident in India, led a patent
application outside India without prior permission from the Controller at least
six weeks before ling the application as required by section 39 of the Indian
Patents Act, the patent granted for same application may be revoked.
17. If the permission to amend the complete speci cation under section 57 or
section 58 was obtained by fraud, it is a ground for revocation.
18. Patent may be revoked if the applicant had wrongly mentioned or not disclosed
in the complete speci cation the source or Geographical origin of Biological
Material used for the invention.

19. If the invention claimed in the speci cation is a traditional knowledge i.e. the
Query Select Language ▼
knowledge available orally or otherwise within any local or any indigenous

community in India or elsewhere, it is a ground for revocation.

REVOCATION OF PATENT IN PUBLIC

INTEREST:
As per section 66 of the Patents Act, where the Central Government is of
opinion that a patent or the mode in which it is exercised is mischievous to
the State or prejudicial to the public, the patent may be revoked. The
decision of revocation may be made after giving the patent holder an
opportunity to be heard.
Revocation of Jamun patent:
Avesthagen Limited was granted a patent for “synergistic
ayurvedic/functional food bioactive composition” of application number
1076/ CHE/ 2007. The patent was for the composition consisting of
jamun, lavangpatti and chundun and to be used for treatment of diabetes.
Avesthagen filed for a patent in European Patent Office (EPO) for the
above said composition but the patent was not granted as it did infringe
upon TKDL (Traditional Knowledge Digital Library).
Government of India on getting knowledge about the same revoked the
aforesaid patent granted by Indian Patent Office (IPO) using Section-66 of
Patents Act, 1970 i.e. on the grounds of being mischievous and prejudicial
to the public.
Though Avesthagen argued that it is Traditional Knowledge (TK) that these
plants are used for treating diabetes but it was not known that when given
in combination they show an aggressive effect. The government
countered the argument by saying that it was known that these plants 
were used for diabetes management for centuries and thus, this was not
an invention. When plants are known to act against a particular disease,
Query Select Language ▼
extracts would certainly perform the same function. Government also said
that a patent cannot be granted for validating something that is part of TK.


REVOCATION OF PATENT FOR NON-WORKING:

A patent may be revoked for non-working as per section 85 of Patents Act,
1970, if even after two year from the date of grant of first compulsory
license,

• the patented invention has not worked in the territory of India; or

• the reasonable requirement of the public has not been met; or
• the patented invention is not available to the public at a reasonably
affordable price. The application may be made by the Central Government or
any person interested on Form 19 along with supporting evidence. Where the
application is made by person interested, he has to set out the nature of his
interest. The decision of revocation under this section is concluded within
one year from the date of presenting the matter to the Controller.

For more information on Revocation of Patent in India please write to us

at: info@ssrana.com
To Know More about Patents in India click on the link below:
Working of Patented Inventions in India
Cost of Patent in India
Patent Searches in India


Submit A
 Query Query Select Language ▼


Name*

Email*

Phone*

Company name

Address

Website

Query/Remark*

Enter the code

shown below*

SUBMIT
ABOUT US
The Firm
INTELLECTUAL
PROPERTY
Corporate Laws
Company Laws

Patent
Our Team Trademarks Laws for Start-Ups
Query Select Language ▼
CSR Design Consumer Laws
Our Values Copyright Gaming & Sports Laws 
Contact Us Domain Names Real Estate
Geographical Indication Commercial Contracts
Telecommunication and
Media Laws
Information Technology
Energy & Infrastructure
Environment Laws
Tax & Finance

Litigation THOUGHT NEWS & EVENTS

IP Litigation LEADERSHIP Corporate Laws News
Articles
IP Laws News
Disputes- Civil & News

Commercial Matters Newsletters

Disputes- Criminal SSR Annual Newsletters

Matters Awards

Special Leave Petitions Events

(SLP) Gallery

Disputes & Arbitration COVID-19

Anti Counterfeiting LAW IN THE TIME OF

Maritime & Admirality COVID-19

Law

CONNECT WITH US

Terms Of Use | Privacy Policy | Disclaimer Copyright © S.S Rana & Co. All Rights Reserved. 