Patent from PTO based upon 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 through the date of grant.
Patent holder can take advantage of his full rights from date of grant to till term completion (i.e twenty years from your date of first filing date.). Patent holder have directly to enjoy his rights, at the same time patentee can surrender his patent to PTO before term completion under certain conditions; this is called Surrender or Patent Idea.
A patent could be surrendered by patentee anytime through an application in prescribed format, be considered a total surrender or confined to a number of 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 with a failure to cover the annuities prescribed by law which results in the laps of patent.
2. In relationship with the organization transactions: To prevent a declaratory judgment of nullity of the patent. To get rid of 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 offer to surrender his Inventhelp Patent Information anytime via 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 Patent within 3 months from your date of publication from the notice in the Official journal. The notice of opposition needs 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 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 the opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and also the facts upon which he is opposing. The opponent can also submit evidences within 90 days through the date of publication in 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 is going to be deemed to revoke. In the event the patentee withdraws the patent after opposition filed, the controller can decide whether cost ought to be awarded for the opponent.
The patentee needs to respond within two months from the date of opposition receipt received by him. The patentee must submit a statement 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 support 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 hear the opposition the controller will decide the opposition and can publish his decision. If Patentee or opponent desires to learn, they need to give notice to the controller within ten fvijrm combined with the fee.
Either Patentee or opponent promises to rely on any publication on the hearing, not already submitted, can give for the other party as well as the controller not under five days notice of his intention, combined with the details of the publication.
If the Controller accepts the Patentee’s offer to surrender the Can You Patent An Idea, he directs the patentee to surrender the patent and revoke the patent. The revocation will likely be published inside the Official journal. Your decision or direction of the Controller under section 63 is appealable in Appellate Board.