Patent issued by PTO based upon Invention should 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 25 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 from your date of first filing date.). Patent holder have directly to enjoy his rights, concurrently patentee can surrender his patent to PTO before term completion under certain conditions; this is known as Surrender or Nullity of patent.
A patent could be surrendered by patentee whenever you want with an application in prescribed format, be considered a total surrender or limited to a number of Inventhelp Pittsburgh Corporate Headquarters. In this situation the Controller will publish the offer within the Official journal.
Few grounds to surrender of patents:
1. Surrender of the entire patent is made with a failure to cover the annuities prescribed legally which results in the laps of patent.
2. In connection with the company transactions:
• In order to avoid a declaratory judgment of nullity in the patent
• To remove a defense to an action for infringement, wishes 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 anytime with 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) may give notice of opposition towards the surrender of File A Patent within 3 months from the date of publication of the notice inside the Official journal. The notice of opposition should be in czybdg 14 with prescribed fee (Six thousand for legal entity; Refer PTO site for updated fees).
Surrender may 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 because they are notified in the intended surrender & given a chance to oppose the surrender.
An opponent can send written statement describing the opponent’s interest as well as the facts upon that he is opposing. The opponent can also submit evidences within three months from your date of publication from the notice in the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. When the patentee doesn’t respond within 2 months 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 should be awarded for the opponent.
The patentee needs to respond within sixty days from your date of opposition receipt received by him. The patentee must submit an announcement that explains the grounds upon in which the opposition is contested. The opponent has to reply within 1 month after finding the statement of patentee. The opponent may also submit further evidences to support 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 can publish his decision. If Patentee or opponent desires to hear, they ought to give notice to the controller within 10 days along with the fee.
Either Patentee or opponent plans to count on any publication on the hearing, not already submitted, can provide towards the other party and to the controller not lower than five days notice of his intention, combined with the specifics of the publication.
If the Controller accepts the Patentee’s offer to Inventhelp New Inventions, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published in the Official journal. Your decision or direction in the Controller under section 63 is appealable in Appellate Board.