- If a granted patent is cancelled (revoked) based on a petition from another person who claims that the invention for which the patent was granted was stolen or obtained from him; then the court or appellate board will direct the person who got the patent granted to make changes in the complete draft removing the claims that violates or appears to be copied (obtained) from the patent of the other person who makes the petition and shall order the re-grant of the patent cancelled (revoked) as it was or as per the new draft which excluded the claims of the petitioner.
- If such order is passed by the court or appellate board and only if the petitioner files a new patent application redrafted as required claiming grant for the patent, the re-grant is given for
- the whole old patent itself; then a new patent will be issued with the same old date and number as the cancelled patent
- a part of the old patent with modifications; then a new patent will be issued with the same old date and a new number
- No legal case shall be filed regarding infringement of such patents re-granted for infringements committed before the date of grant of the patent actually.