Patent from PTO based on Invention must be Novel, Non-obviousness and Industrial applicability; most 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 enjoy his full rights from date of grant to till term completion (i.e 20 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 Patenting An Idea.
A patent could be surrendered by patentee whenever you want through an application in prescribed format, be a total surrender or restricted to a number of claims from the patent. In that situation the Controller will publish the offer inside the Official journal.
Few grounds to surrender of patents:
1. Surrender of your entire patent is created by a failure to pay the annuities prescribed legally which leads to the laps of patent.
2. In relationship with the organization transactions: To prevent a declaratory judgment of nullity from the patent. To get rid of a defense with an action for infringement, would like 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 Phone Number anytime via an application in prescribed format under section 63 of Indian Patent Act 1970, in addition to 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 three months from your date of publication in the notice in 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 could be prejudicial to licensee who have made preparation for or involved in, in such cases the licensee should are able to guard his interests by being notified in the intended surrender & given an opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest as well as the facts upon which he is opposing. The opponent could also submit evidences within 3 months from your date of publication in the notice inside 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 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 has to respond within 2 months from your date of opposition receipt received by him. The patentee must submit a statement that explains the grounds upon which the opposition is contested. The opponent must reply within one month after receiving the statement of patentee. The opponent may also submit further evidences to back up 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 will publish his decision. If Patentee or opponent desires to learn, they ought to give notice for the controller within ten fvijrm combined with the fee.
Either Patentee or opponent intends to count on any publication on the hearing, not already submitted, can provide to the other party as well as the controller not less than five days notice of his intention, together with the details of the publication.
In the event the Controller accepts the Patentee’s offer to surrender the How To Invent A Product, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published inside the Official journal. Your decision or direction from the Controller under section 63 is appealable in Appellate Board.