- Any Patent may be revoked on a petition of any person or Central Government by Appellate Board or on a counter claim of infringement suit by the High Court based on any of the following grounds, that
- the invention in the claim is was already patented or contained in another patent granted in India before filing the Patent application.
- the patent was granted to a person who is not entitled to be an applicant
- the patent was obtained or stolen wrongfully from someone else
- the claimed invention is not a patentable subject matter
- the invention claimed is not a new invention or was already publicly known in India or elsewhere in the world by any means (except if used in secret or for trial purposes or personal use including importing of products or processes for trial purposes)
- the invention claimed is obvious and no inventive step is involved compared to the publicly known content(except if used in secret or for trial purposes or personal use including importing of products or processes for trial purposes)
- the invention claimed is not useful
- the invention claimed is not sufficiently (fully) disclosed in the Complete specification enabling a person with average skill to understand its working or process or the best method of performing it which was known by the applicant still.
- the scope of any one or more claims is / are not sufficiently (fully) defined based on the specification disclosed
- the patent was obtained by representing or suggesting something that is false
- the subject in any claim is not patentable
- the invention was secretly used in India (except for trial or by the government or by someone else without the permission of the applicant) before the date of filing
- the applicant contravened and applied for patent in a foreign country without proper permission or has not followed the direction of secrecy regarding the invention for those inventions to be maintained with secrecy
- the extension of time (leave) to amend was obtained by fraud
- the Complete draft does not disclose or wrongly disclosed the source or geographical origin or location of the biological material used in the invention and patent
- the invention was anticipated by any traditional knowledge or was already in existence with any local or communities within India or anywhere in the world.
- If a patentee has failed to comply with the request made by the Central Government to make or use the invention for the purpose of the Government within on reasonable terms; then the High Court is entitled to revoke the patent from the patentee based on a petition from the Central Government
- Any petition requesting revocation of patent shall be issued as a notice to all the persons having interest on the patent as per register who are co-owners or share holders with interest on the patent. It is not needed to issue a notice to any other persons other than mentioned above.