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 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 the date of first filing date.). Patent holder have straight to enjoy his rights, concurrently patentee can surrender his patent to PTO before term completion under certain conditions; this is called Surrender or Inventhelp Intromark.
A patent may be surrendered by patentee at any time via an application in prescribed format, be a total surrender or restricted to one or more claims from 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 by a failure to pay for the annuities prescribed legally which results in the laps of patent.
2. In exposure to the business transactions: In order to avoid a declaratory judgment of nullity in the patent. To get rid of a defense with 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 Invention Help anytime through 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) may give notice of opposition towards the surrender of Patent within three months through the date of publication in the notice within 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 might be prejudicial to licensee that have made preparation for or involved in, in these cases the licensee should have a chance to safeguard his interests because they 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 also the facts upon that he is opposing. The opponent can also submit evidences within 90 days 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 sixty days 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 ought to be awarded to the opponent.
The patentee must respond within two months through the 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 must reply within one month after finding the statement of patentee. The opponent may 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 learn the opposition the controller will decide the opposition and definately will publish his decision. If Patentee or opponent desires to know, they need to give notice to the controller within ten fvijrm combined with the fee.
Either Patentee or opponent promises to depend on any publication on the hearing, not already submitted, can give for the other party and to the controller not less than five days notice of his intention, along with the details of the publication.
When the Controller accepts the Patentee’s offer to surrender the How To Start An Invention, 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 from the Controller under section 63 is appealable in Appellate Board.