Patent from PTO based on Invention must 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 through the date of grant.
Patent holder can also enjoy his full rights from date of grant to till term completion (i.e two decades from the date of first filing date.). Patent holder have right 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 How To Patent Ideas.
A patent may be surrendered by patentee at any time with an application in prescribed format, be a total surrender or confined to one or more claims of the patent. In this situation the Controller will publish the offer within the Official journal.
Few grounds to surrender of patents:
1. Surrender of an entire patent is created by a failure to cover the annuities prescribed by law which results in the laps of patent.
2. In relationship with the organization transactions: To avoid 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 Inventor 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 provide notice of opposition towards the surrender of Patent within 3 months through the date of publication in the notice within 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 might be prejudicial to licensee who may have made preparation for or involved in, in such instances the licensee should are able to safeguard his interests by being notified of 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 three months from your 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 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 two months from your date of opposition receipt received by him. The patentee needs to submit a statement that explains the grounds upon that the opposition is contested. The opponent has to reply within 1 month after receiving the statement of patentee. The opponent could 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 know the opposition the controller will decide the opposition and can publish his decision. If Patentee or opponent desires to learn, they ought to give notice towards the controller within ten fvijrm together with the fee.
Either Patentee or opponent intends to depend on any publication at the hearing, not already submitted, may give for the other party and also to the controller not under five days notice of his intention, together with the specifics of the publication.
When the Controller accepts the Patentee’s offer to surrender the Inventors Help, he directs the patentee to surrender the patent and revoke the patent. The revocation is going to be published within the Official journal. The choice or direction from the Controller under section 63 is appealable in Appellate Board.