Patent issued by PTO based upon Invention should be Novel, Non-obviousness and Industrial applicability; the majority 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 two decades from your date of first filing date.). Patent holder have right to enjoy his rights, concurrently patentee can surrender his patent to PTO before term completion under certain conditions; this is known as Surrender or How To Start An Invention Idea.
A patent may be surrendered by patentee whenever you want through an application in prescribed format, be considered a total surrender or restricted to a number of claims in the patent. In that situation the Controller will publish the offer in the Official journal.
Few grounds to surrender of patents:
1. Surrender of the entire patent is made with a failure to cover the annuities prescribed by law which leads to the laps of patent.
2. In exposure to the business transactions: To prevent a declaratory judgment of nullity from the patent. To eliminate a defense for 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 can provide to surrender his Free Invention Help at any time with 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 to the surrender of Patent within 3 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 may be prejudicial to licensee who may have made preparation for or involved in, in these cases the licensee should are able to safeguard his interests when you are notified of the intended surrender & given an opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and the facts upon that he is opposing. The opponent may also submit evidences within 90 days from your date of publication from the notice within the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. If the patentee doesn’t respond within 2 months after he receiving opposition notice, the patent will likely be deemed to revoke. If the patentee withdraws the patent after opposition filed, the controller can decide whether cost should be awarded for the opponent.
The patentee must respond within sixty days from your date of opposition receipt received by him. The patentee has to submit an announcement that explains the grounds upon in which the opposition is contested. The opponent has to reply within one month after receiving the statement of patentee. The opponent can also submit further evidences to aid 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 can publish his decision. If Patentee or opponent desires to hear, they ought to give notice towards the controller within ten fvijrm together with the fee.
Either Patentee or opponent plans to rely on any publication on the hearing, not already submitted, may give for the other party and also to the controller not less than five days notice of his intention, combined with the information on the publication.
In the event the Controller accepts the Patentee’s offer to surrender the Inventors Helpline, 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 in the Controller under section 63 is appealable in Appellate Board.