Patent Revocation – Patent Registration in Coimbatore
Patent revocation in India:
After approval of the mandatory license, revocation of the patent and non-operational- Section 85. Here we are going to see Patent Revocation – Patent Registration in Coimbatore to make you understand in a very clear manner.
Section 85 of the Act sets out the conditions and requirements before applying for revocation of a patent registration in respect of a compulsory license granted in the past, which is to be fulfilled.
A mandatory license is a license that can only be granted by the controller after 3 years from the date of issuance of the patent registration.
In response to a petition filed by an interested person, an interested person should, along with the application for a compulsory license, state what is ‘his’ interest attached to the grant of such license.
The three reasons given under section 23 are that if it provides that if any of the following three requirements are not fulfilled then an application for compulsory license can be filed.
The invention of patents does not meet the reasonable needs of the people.
Patent inventions are not available at affordable prices.
Patent invention is not working in the field of India. Demotivating
If the controller is satisfied that none of these three requirements are satisfied and if the controller deems fit, it may grant the license on the terms, as it deems fit. The controller must consider the applicant’s ability to exploit the licensed patent registration, the nature of such an invention, and whether the applicant has attempted to obtain a license from the patent holder. Section (84 ()) refers to ૨ 24 circumstances, which must be taken into account when determining whether the public satisfies the relevant reasonable requirements.
The basic purpose of a compulsory license is to enable the general public to benefit, which cannot be achieved otherwise due to the passive use of the patent registration holder’s invention. Therefore, an interested person with sufficient abilities will be given a compulsory license, which will ultimately work not only in the territory of India, but also help to satisfy the basic needs of the common people at reasonable affordable prices.
The role of Article 85 in revoking a patent established by an individual
The patent is covered under section of the law, for which a mandatory license has already been issued, revoking the patent. After only 2 years, a revocation application for such a patent registration can be filed. The grounds for revoking a patent under section 25 are the same as those given under section 84,626 dealing with
Availability in the territory of India, and
Similarly, under section 85, the applicant is required to specify the details stating those facts, along with the nature of the applicant’s interest in revoking that patent. A decision must be made within 1 year of the application being submitted to the Controller.
The purpose behind “revoking a patent” under section 85 of the Act is that it benefits and welfare the people in all situations. If the patent does not take the necessary steps to help better distribute the product to the general public and is given a mandatory license against the patent, easy availability at a reasonable price is considered to be for the welfare of the society. That related patent registration should be revoked.
Institution abolished by Central Government
The central government has more options than the interested person when it comes to revoking a patent. Not only the Central Government, like any other person, but there are other clauses besides Section 64 to deal with the revocation of a patent under Section 64 64, which deals with the revocation of a patent registration by the Central Government.
Section-27 – This section under the Patents Act, 1 under 1970 deals with the revocation of a patent by a directive issued by the Central Government to the regulator on the basis of which the patent relates to the field of nuclear energy, which is an invention without a patent. Article of the Act. The patent is revoked after the hearing patent has been offered.
This section under section 62- of the Act speaks of revocation of patent registration by notification in the Official Gazette. If the central government is of the opinion that the patent is invented
Biased in public, or
Naughty for the state
It can then revoke the relevant patent through an official gazette.
The role of Article 85 in revoking a patent registration established by the Central Government
The patent can also be revoked by the Central Government for not working under section non 85. It shall be void on the same three grounds mentioned in section 85, which shall be established by a person in the application for revocation.
The term “void” means the revocation of patent rights granted to a patent registration. An application for revocation of a patent can be made by any interested person by petition or it can also be enforced by the Central Government. In most cases the High Court or the IPAB. (Intellectual Property Appeal Board) Patent infringement suits are countered on counter-claim. The provision for revocation of patents is specified under section 104.
Section 10 of the Patents Act, 1970 states that only IPAB is required for revocation. Or the High Court may be approached, as a claim of infringement cannot be brought before a secondary court in a district court having jurisdiction.
Section: 64: Cancellation Grounds
Theoretically, Section 64 64 contains the grounds under which the conditions are specified which guarantee the revocation of the patents. The grounds are as follows:
The search is clear, lacking an exploratory step or utility
The discovery is not new and has been used or published publicly in India before the priority date or it appears in the light of knowledge available in India or any other local or indigenous community elsewhere.
Either the party was not entitled to the patent registration, or the subject was not patentable or it was not the amount of the invention
The scope of the patent specifications is incomplete or the specifications have already been claimed in the patent which has been granted
The patent was wrongfully obtained in violation of the rights of the other party, such as by false or misrepresentation, or by obtaining leave fraudulent means to correct the specifications.
The information disclosed under section under is deemed to be incorrect by the applicant or he is unable to provide the required details
The full specification is omitted or mistakenly attributed to the geographical origin or the biological material used in the discovery
This discovery was either used in secret prior to the date or claim or the applicant violated the privacy notice under section 35.
The full specification neither adequately describes the invention and method nor reveals the best method of presenting what was known and entitled protection.
Other provisions for revocation of patents
If the revoked patent is related to nuclear energy, the revocation application can be filed under section 65.
If the Central Government finds facts that a valid patent has been misused and is unjust to the state or biased towards the people, the Central Government has the right to revoke the relevant patent registration and such decision is also published in the Official Journal of Patents.
Moreover, it was placed in Enercon (India) Limited by the Supreme Court to prevent the deterioration of the judicial machinery. V. Enercon GmbH, which allows anti-post proceedings and petitions or revocation claims against the same patent, cannot be established simultaneously. Vain litigation should not be encouraged as it is seen as a tool for litigation with cash dishonest interests.