Patent issued by PTO based upon Invention has to be Novel, Non-obviousness and Industrial applicability; most of the countries are giving right to patentee for making, 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 also enjoy his full rights from date of grant to till term completion (i.e two decades through the date of first filing date.). Patent holder have directly to enjoy his rights, at the same time patentee can surrender his patent to PTO before term completion under certain conditions; this is known as Surrender or How To Patent An Idea.
A patent could be surrendered by patentee whenever you want via an application in prescribed format, become a total surrender or restricted to a number of claims from the patent. Because situation the Controller will publish the offer within the Official journal.
Few grounds to surrender of patents:
1. Surrender of an entire patent is created by way of a failure to cover the annuities prescribed by law which leads to the laps of patent.
2. In exposure to the company transactions: To prevent a declaratory judgment of nullity from the patent. To remove a defense to an action for infringement, desires to forfeit the patent or any claim there under, with immediate effect.
3. Reissue of defective patents
The patentee/patent holder will offer to surrender his Inventhelp Invention Service anytime through an application in prescribed format under section 63 of Indian Patent Act 1970, together with fees (Four thousand for legal entity; Refer PTO site for updated fees).
Any interested person (including licensee) may give notice of opposition to the surrender of Patent within 3 months through the date of publication of the notice inside the Official journal. The notice of opposition needs to be in form 14 with prescribed fee (Six thousand for legal entity; Refer PTO site for updated fees).
Surrender might be prejudicial to licensee who have made preparation for or engaged in, in such cases the licensee should have a chance to safeguard his interests because they are notified from the intended surrender & given a chance to oppose the surrender.
An opponent can send written statement describing the opponent’s interest as well as the facts upon which he is opposing. The opponent may also submit evidences within 3 months from the date of publication of the notice within the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. When the patentee doesn’t respond within sixty days 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 needs to be awarded to the opponent.
The patentee needs to respond within 2 months from the date of opposition receipt received by him. The patentee needs to submit a statement that explains the grounds upon which the opposition is contested. The opponent must reply within one month after finding the statement of patentee. The opponent may also submit further evidences to support 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 definately will publish his decision. If Patentee or opponent desires to hear, they should give notice towards the controller within ten fvijrm combined with the fee.
Either Patentee or opponent plans to depend on any publication in 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, together with the specifics of the publication.
In the event the Controller accepts the Patentee’s offer to surrender the Inventhelp Pittsburgh, he directs the patentee to surrender the patent and revoke the patent. The revocation is going to be published within the Official journal. The decision or direction in the Controller under section 63 is appealable in Appellate Board.