Patent issued by PTO based on Invention must be Novel, Non-obviousness and Industrial applicability; most 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 20 years from your 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 known as Surrender or How To Patent Ideas.
A patent might be surrendered by patentee anytime through an application in prescribed format, become a total surrender or limited to several claims from the patent. Because situation the Controller will publish the offer within the Official journal.
Few grounds to surrender of patents:
1. Surrender of an entire patent is produced with a failure to cover the annuities prescribed by law which results in the laps of patent.
2. In connection with the company transactions: To prevent a declaratory judgment of nullity in the patent. To remove a defense with 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 will offer to surrender his Inventhelp Company at any time through an application in prescribed format under section 63 of Indian Patent Act 1970, along with 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 3 months from your date of publication of the notice inside 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 may be prejudicial to licensee who have made preparation for or engaged in, in such cases the licensee should are able to guard his interests when you are notified in the intended surrender & given a chance 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 could also submit evidences within 3 months through the date of publication from the notice inside the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. When the patentee doesn’t respond within two 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 needs to be awarded for the opponent.
The patentee must respond within two months through the date of opposition receipt received by him. The patentee has to submit an announcement that explains the grounds upon that the opposition is contested. The opponent has to reply within 30 days after finding the statement of patentee. The opponent may also submit further evidences to aid 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 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 together with the fee.
Either Patentee or opponent promises to count on any publication in the hearing, not already submitted, may give for the other party and to the controller not under five days notice of his intention, together with the details of the publication.
If the Controller accepts the Patentee’s offer to surrender the Technology, 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.