If any case of infringement of a patent is proceeding in the Appellate Board or the High Court; they may request the patentee to amend (make modifications) the application as it fits to be non-infringing with consideration the terms on cost, advertisement, etc., instead of directly invalidating or revoking the patent. If such an appeal…
No new things or additions to the existing filed patent application shall be performed in any amendment except for removing or changing the expression of the invention as claimed by the claims. If any amendment is allowed to granted patents by the Controller or the Appellate Board or the High Court, the amendment in any…
For those patents lapsed (expired) due to non payment of renewal fee, a renewal application shall be made and be renewed by paying the corresponding fee within 18 months from the date on which the patent expired (ceased to be effective) Such application shall carry a valid reason for not paying the renewal fee on-time, and…
After hearing, if the Controller is satisfied that the delay in payment of renewal fee was unintentional and if the application was made on time within the time period, the Controller shall publish the application and within that period anyone may give notice to the Controller on opposition based on one or both the reasons,…
If any contracts of manufacture or sale or anyone has started using the Patent during the period of lapse until publication of the restoration application by the Controller; the Controller as per the rights of the Patentee may impose protection or compensation accordingly as he thinks fit. No infringement case shall be filed during for…
A patentee may surrender his patent at anytime with an official notice to the Controller. If such a notice is made, the same shall be published by the Controller and also a notification will be issued to all the persons who hold interest in the patent other than the patentee. Any person shall file an…
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…
If any patent is granted on Atomic Energy and the Central Government is convinced that no patent shall be granted as per the Atomic Energy Act, 1962 (33 of 1962), it may direct the Controller to revoke the patent granted and the Controller shall issue notice to all the persons of interest in the Patent…
If the Central Government considers that a patent or the mode or method of execution of an invention is mischievous or causes prejudice to the public; after giving an opportunity to the applicant, the patent may be revoked upon making an official notification on the official gazette.
A register shall be maintained in the patent office with the following details entered Names and addresses of patentees Assignments (sale), licenses, amendments, extensions, revocation details of patents Details of matters influencing the ownership or validity of patents No notices of any trust shall be entered in the register and the same if any entered…