Patent issued by PTO according to Invention has to be Novel, Non-obviousness and Industrial applicability; the majority 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 from the date of grant.
Patent holder can 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, simultaneously patentee can surrender his patent to PTO before term completion under certain conditions; this is called Surrender or Nullity of patent.
A patent might be surrendered by patentee anytime via an application in prescribed format, be a total surrender or limited to a number of claims in the How To Patent An Idea Or Product. Because situation the Controller will publish the offer inside the Official journal.
Few grounds to surrender of patents:
1. Surrender of your entire patent is produced by a failure to pay the annuities prescribed legally which leads to the laps of patent.
2. In exposure to the company transactions:
• In order to avoid a declaratory judgment of nullity of the patent
• To remove a defense to 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 provide to surrender his patent whenever you want through an application in prescribed format under section 63 of Indian Patent Act 1970, together with fees (Four thousand for legal entity; Refer PTO site for updated fees).
Any interested person (including licensee) can give notice of opposition to the surrender of Ideas For Inventions within three months through the date of publication from the notice in 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 could be prejudicial to licensee that have made preparation for or involved in, in these cases the licensee should have a chance to safeguard his interests by being notified in the intended surrender & given an opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest as well as the facts upon which he is opposing. The opponent can also submit evidences within three months through the date of publication in the notice in the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. In the event the patentee doesn’t respond within sixty days after he receiving opposition notice, the patent will be deemed to revoke. In the event the patentee withdraws the patent after opposition filed, the controller can decide whether cost should be awarded to the opponent.
The patentee has to respond within sixty days 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 vmgefo to reply within 30 days 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 as well as date for hearing the opposition. If neither patentee nor opponent desires to learn the opposition the controller will decide the opposition and definately will publish his decision. If Patentee or opponent desires to hear, they need to give notice to the controller within ten days combined with the fee.
Either Patentee or opponent promises to rely on any publication on the hearing, not already submitted, can give to the other party as well as the controller not less than five days notice of his intention, along with the specifics of the publication.
When the Controller accepts the Patentee’s offer to surrender the How To Patent An Invention, he directs the patentee to surrender the patent and revoke the patent. The revocation will likely be published inside the Official journal. The choice or direction in the Controller under section 63 is appealable in Appellate Board.