Patent issued by PTO based upon Invention must 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 take advantage of his full rights from date of grant to till term completion (i.e 20 years through the date of first filing date.). Patent holder have right to enjoy his rights, simultaneously patentee can surrender his patent to PTO before term completion under certain conditions; this is known as Surrender or Inventhelp Success Stories.
A patent may be surrendered by patentee at any time via an application in prescribed format, be considered a total surrender or restricted to a number of claims in the patent. Because situation the Controller will publish the offer inside the Official journal.
Few grounds to surrender of patents:
1. Surrender of the entire patent is made by a failure to pay the annuities prescribed legally which results in 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 for 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 Invention Advice whenever you want via an application in prescribed format under section 63 of Indian Patent Act 1970, along 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 three months from the date of publication in the notice within the Official journal. The notice of opposition ought 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 involved in, in such instances the licensee should have a chance to guard his interests because they are notified from 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 can also submit evidences within 3 months from your date of publication from the notice inside the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. If the patentee doesn’t respond within two months after he receiving opposition notice, the patent is going to be deemed to revoke. When the patentee withdraws the patent after opposition filed, the controller can decide whether cost should be awarded to the opponent.
The patentee has to respond within 2 months through the date of opposition receipt received by him. The patentee needs to submit an announcement that explains the grounds upon which the opposition is contested. The opponent needs to reply within one month after getting the statement of patentee. The opponent can also submit further evidences to back up his case.
After evidence presentation or recommendation of Opposition board, the controller will fix some time and date for hearing the opposition. If neither patentee nor opponent desires to learn the opposition the controller will decide the opposition and can publish his decision. If Patentee or opponent desires to know, they ought to give notice to the controller within ten fvijrm together with the fee.
Either Patentee or opponent intends to count on any publication in the hearing, not already submitted, can provide to the other party and to the controller not under five days notice of his intention, along with the details of the publication.
In the event the Controller accepts the Patentee’s offer to surrender the How Do I Get A Patent, he directs the patentee to surrender the patent and revoke the patent. The revocation will likely be published within the Official journal. Your decision or direction of the Controller under section 63 is appealable in Appellate Board.