This section discusses in detail about patents and its essentiality in the global business market.
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…
Any assignment (sale) or share in patent or mortgage license or any interest in a patent will not be valid unless it is made in writing as a documented agreement between the parties along with the terms and conditions and the agreement is executed duly.
Any person through an assignment or transmission of a patent becomes a share holder in a patent or a mortgagee, licensee, with any type of interest in a patent shall apply to the Controller for registration of his title, interest through a notice to the Controller The application for registration of title of any person…
The owners or co-owners of a patent shall exercise all powers of an owner to the patent with reference to the regulations of law over any movable property as per the agreement of share in the patent making assignments, licenses or any such deals pertaining to the patent.