Revocation of PATENTS Grounds step Section 64

Posted on 05-05-2016        By ADMIN

Revocation of PATENTS Grounds step  Section 64

                        APatent may be revoked by the High Court, on any of the following 17 Grounds, -on the petition of any interested person, Central Govt or in a suit forinfringement :-

1.         TheInvention was earlier claimed - by a valid claim of earlier priority date, - inanother patent in India,

2.         Invention isnot new – having regard to the public knowledge or what was published in Indiaor elsewhere before the priority date of the claim,

3.         Inventiondoes not involve - any inventive step, having regard to what is publicly knownor used in India before the priority date of the claim or what was published inIndia or elsewhere in any of the documents,

4.         The Invention- was not useful,

5.         Inventionwas secretly used in India - before the priority date,

6.         Applicantwas not entitled - to make application for the patent,

7.         Patent was wrongfullyobtained - in contravention of rights of others,

8.         The claim -is not an Invention as per the Act,

9.         Specificationsare not complete and a person with reasonable intelligence cannot work - theinvention or that it does not disclose the best method of performing it,

10.       Scope of anyclaim in any complete specification - is not clearly and sufficiently defined,

11.       Patent wasobtained - on a false suggestion or representation,

12.       Subject - is notpatentable under the Act,

13.       Informationrequired in respect of Foreign Application - is not disclosed or disclosed withmaterial which is false,

14.       Applicant hascontravened - any direction of secrecy,

15.       Leave to amendthe complete specification - was obtained by fraud.

16.       That thecomplete specification does not disclose or wrongly mentions - the source orgeographical origin of biological material used for the invention ;

17.       That theInvention - so far as claimed in any claim of the complete specification was anticipated- having regard to the knowledge, oral or otherwise, available within any localor indigenous community in India or elsewhere.

         Q.  Discussthe legal provisions relating to restoration of lapsed patents & surrenderof patents ? 

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