Sections and Grounds
The term “Revocation” means Cancellation of the patent rights granted to the patentee. Under the (Indian) Patents Act, 1970 the validity of a patent can be challenged in any of the following ways:-
- Opposition within one year from the date of publication of grant [Section 25(2)]
- Revocation petition filed with the District Court/High Court [Section 64]
- Filing of a counterclaim in a Patent infringement suit [Section 64]
- Revocation of a patent due to non-workability [Section 85]
- Revocation of a patent in Public interest by Central Government [Section 66]
- In cases relating to atomic energy on the directions of the Central Government [Section 65]
Section 64 that contains in-exhaustive grounds that dictate the conditions that warrant the revocation of patents. The revocation of patent can be applied for by making a petition, under Section 64 of the Patents Act, by any person interested or it can also be applied for by the Central Government. These grounds are as follows:
- Invention is obvious, lacks an inventive step or utility;
- Invention is not new and, has been publicly used or published in India before the priority date or it is foreseen in light of the knowledge available within any local or native community in India or elsewhere;
- Either the party was not entitled to the patent, or the subject is not patentable or does not amount to invention;
- The scope of patent specifications is incomplete or the specifications have already been claimed in a granted patent;
- The patent was wrongfully obtained in violation of another party’s rights, such as through incorrect or false representation, or leave to modify specifications was obtained through fraudulent means;
- The information that has been disclosed under Section 8 is known to be false by the Applicant or he has been unable to furnish the required details;
- Complete specification omits or erroneously attributes geographical origin or biological matter used in the invention;
- The invention was either secretly used before the date or claim or the Applicant contravened secrecy instructions under Section 35;
- The complete specification neither describes the invention and method sufficiently nor does it disclose the best method of performing it which was known and entitled protection.
