Patent issued by PTO based upon Invention has to be Novel, Non-obviousness and Industrial applicability; a lot 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 from the date of grant.
Patent holder can take advantage of his full rights from date of grant to till term completion (i.e two decades 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 called Surrender or How To Get A Patent For An Idea.
A patent may be surrendered by patentee whenever you want via an application in prescribed format, be a total surrender or limited to a number of claims from the patent. Because situation the Controller will publish the offer inside the Official journal.
Few grounds to surrender of patents:
1. Surrender of your entire patent is created by a failure to pay the annuities prescribed legally which leads to the laps of patent.
2. In exposure to the business transactions: In order to avoid a declaratory judgment of nullity of the patent. To get rid of a defense for an action for infringement, wishes 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 Inventhelp Inventors whenever you want with 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) can provide notice of opposition towards the surrender of Patent within 90 days through the date of publication in the notice in 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 may be prejudicial to licensee who have made preparation for or involved in, in such instances the licensee should are able to safeguard his interests because they 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 also the facts upon that he is opposing. The opponent may also submit evidences within three months from your date of publication in the notice in the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. In the event the patentee doesn’t respond within 2 months after he receiving opposition notice, the patent will likely be deemed to revoke. If the patentee withdraws the patent after opposition filed, the controller can decide whether cost needs to be awarded towards the opponent.
The patentee must 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 that the opposition is contested. The opponent has to reply within 30 days after receiving 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 some time and date for hearing the opposition. If neither patentee nor opponent desires to know the opposition the controller will decide the opposition and can publish his decision. If Patentee or opponent desires to learn, they should give notice to the controller within ten fvijrm together with the fee.
Either Patentee or opponent plans to depend on any publication at the hearing, not already submitted, can provide to the other party as well as the controller not lower than five days notice of his intention, along with the specifics of the publication.
When the Controller accepts the Patentee’s offer to surrender the How To Sell My Invention Idea To A Company, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published in the Official journal. The decision or direction in the Controller under section 63 is appealable in Appellate Board.