Patent issued by PTO based on Invention should be Novel, Non-obviousness and Industrial applicability; a lot 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 take advantage of his full rights from date of grant to till term completion (i.e twenty years from the date of first filing date.). Patent holder have straight to enjoy his rights, concurrently patentee can surrender his patent to PTO before term completion under certain conditions; this is called Surrender or Inventhelp Products.
A patent could be surrendered by patentee anytime through an application in prescribed format, be considered a total surrender or limited to a number of claims of the patent. In that situation the Controller will publish the offer in the Official journal.
Few grounds to surrender of patents:
1. Surrender of the entire patent is produced by way of a failure to pay the annuities prescribed by law which leads to the laps of patent.
2. In connection with the organization transactions: To prevent a declaratory judgment of nullity of the patent. To eliminate a defense with an action for infringement, desires 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 New Inventions 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) can give notice of opposition for the surrender of Patent within 3 months through the date of publication of the notice inside the Official journal. The notice of opposition ought to be in form 14 with prescribed fee (Six thousand for legal entity; Refer PTO site for updated fees).
Surrender might be prejudicial to licensee that have made preparation for or involved in, in such instances the licensee should are able to guard his interests because they are 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 that 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. If the patentee doesn’t respond within two months after he receiving opposition notice, the patent will likely be deemed to revoke. In the event the patentee withdraws the patent after opposition filed, the controller can decide whether cost should be awarded towards the opponent.
The patentee needs to respond within 2 months through the date of opposition receipt received by him. The patentee needs to submit an announcement that explains the grounds upon that the opposition is contested. The opponent needs to reply within one month after receiving the statement of patentee. The opponent can also submit further evidences to aid 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 learn, they ought to give notice to the controller within ten fvijrm combined with the fee.
Either Patentee or opponent plans to count 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 information on the publication.
If the Controller accepts the Patentee’s offer to surrender the Invent Help Patent Information, he directs the patentee to surrender the patent and revoke the patent. The revocation will likely be published in the Official journal. Your decision or direction of the Controller under section 63 is appealable in Appellate Board.