Patent from PTO based on Invention must be Novel, Non-obviousness and Industrial applicability; the majority 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 20 years through the date of first filing date.). Patent holder have right to enjoy his rights, at the same time patentee can surrender his patent to PTO before term completion under certain conditions; this is called Surrender or I Have An Invention Where Do I Start.
A patent could be surrendered by patentee at any time through an application in prescribed format, become a total surrender or restricted to a number of claims from the patent. In this situation the Controller will publish the offer within the Official journal.
Few grounds to surrender of patents:
1. Surrender of your entire patent is made by a failure to pay the annuities prescribed legally which leads to the laps of patent.
2. In connection with the business transactions: To avoid a declaratory judgment of nullity from the patent. To remove a defense for an action for infringement, would like 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 Success at any time via 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 give notice of opposition towards the surrender of Patent within 90 days from your date of publication from the notice within the Official journal. The notice of opposition needs to be in form 14 with prescribed fee (Six thousand for legal entity; Refer PTO site for updated fees).
Surrender might be prejudicial to licensee who have made preparation for or engaged in, in such cases the licensee should are able to guard his interests because they are notified from 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 may also submit evidences within 90 days from your date of publication in the notice in 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. In the event the patentee withdraws the patent after opposition filed, the controller can decide whether cost should be awarded towards the opponent.
The patentee has to respond within two months through the date of opposition receipt received by him. The patentee needs to submit an announcement that explains the grounds upon which the opposition is contested. The opponent has to reply within 30 days after finding the statement of patentee. The opponent could also submit further evidences to back up 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 hear the opposition the controller will decide the opposition and will publish his decision. If Patentee or opponent desires to hear, they should give notice for the controller within ten fvijrm along with the fee.
Either Patentee or opponent intends to depend on any publication on the hearing, not already submitted, may give for the other party and also to the controller not lower than five days notice of his intention, along with the details of the publication.
If the Controller accepts the Patentee’s offer to surrender the How To Patent A Product Idea, 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 of the Controller under section 63 is appealable in Appellate Board.