Patent issued by PTO according to Invention has to be Novel, Non-obviousness and Industrial applicability; most 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 from the date of grant.
Patent holder can enjoy his full rights from date of grant to till term completion (i.e twenty years from your date of first filing date.). Patent holder have straight to enjoy his rights, at the same time patentee can surrender his patent to PTO before term completion under certain conditions; this is called Surrender or Inventhelp Product Development.
A patent may be surrendered by patentee whenever you want with an application in prescribed format, be a total surrender or limited to a number of claims in the patent. In this situation the Controller will publish the offer in the Official journal.
Few grounds to surrender of patents:
1. Surrender of an entire patent is made with a failure to cover the annuities prescribed legally which results in the laps of patent.
2. In exposure to the business transactions: To prevent a declaratory judgment of nullity from the patent. To get rid of 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 can provide to surrender his Ideas Inventions whenever you want via 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) can provide notice of opposition to the surrender of Patent within three months through the date of publication of the notice within 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 could be prejudicial to licensee who may have made preparation for or engaged in, in these cases the licensee should have a chance to guard his interests when you are notified from the intended surrender & given the opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and the facts upon which he is opposing. The opponent may also submit evidences within 3 months from the date of publication from the notice inside the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. In the event the patentee doesn’t respond within two months after he receiving opposition notice, the patent will likely be deemed to revoke. When the patentee withdraws the patent after opposition filed, the controller can decide whether cost ought to be awarded for the opponent.
The patentee has to respond within two months from your date of opposition receipt received by him. The patentee has to submit an announcement that explains the grounds upon 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 support 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 hear, they need to give notice for the controller within ten fvijrm combined with the fee.
Either Patentee or opponent promises to depend on any publication in the hearing, not already submitted, may give towards the other party as well as the controller not under five days notice of his intention, together with the details of the publication.
When the Controller accepts the Patentee’s offer to surrender the Make My Invention Prototype, he directs the patentee to surrender the patent and revoke the patent. The revocation will likely be published inside the Official journal. The decision or direction of the Controller under section 63 is appealable in Appellate Board.