Answer By law4u team
What is Patent Revocation? Patent revocation is the legal process by which a granted patent is cancelled or invalidated. This can occur when the patent is challenged by a third party or when the patent office, on its own initiative, determines that the patent was granted incorrectly or does not meet the requirements set out by law. Revocation of a patent effectively nullifies the protection granted by the patent, meaning the invention is no longer protected by intellectual property rights. In India, patent revocation is governed under the Patents Act, 1970, which lays out the grounds and procedures for revoking a patent. A patent can be revoked either by the patent office or by a court after a petition or challenge is made. Grounds for Patent Revocation in India The grounds for patent revocation are outlined in Section 64 of the Patents Act, 1970. A patent can be revoked on the following grounds: 1. Lack of Novelty or Inventive Step A patent can be revoked if it is found that the invention: Is not novel (i.e., it is not new and has been disclosed to the public before the filing date). Does not involve an inventive step (i.e., the invention is obvious to someone skilled in the field based on prior art). This is one of the most common grounds for revocation. If it is proved that the invention was already known, or a similar invention already existed, the patent can be revoked. 2. Prior Publication A patent can be revoked if: The invention was already published in any form before the filing date of the patent application. The patent was anticipated by earlier disclosures or publications in the public domain, such as books, journal articles, or patents. 3. Non-Disclosure of Information A patent can be revoked if the patent applicant intentionally failed to disclose relevant prior art or other information that could affect the patent's validity. This is known as a failure of duty of disclosure. If it is established that an inventor misrepresented or failed to disclose material facts, the patent can be revoked. 4. Patentability Requirements Not Met A patent may be revoked if: The invention is not considered a patentable invention as per Indian law (for example, if it relates to certain exclusions, such as abstract ideas, scientific principles, mathematical methods, or business methods). The invention does not meet the requirements of Section 3 (such as inventions related to atomic energy) or Section 4 of the Patents Act. 5. Incomplete or Insufficient Disclosure If the patent specification (the written description of the invention) does not adequately disclose the invention or does not provide enough detail to allow someone skilled in the art to reproduce the invention, the patent may be revoked. 6. Non-Working of the Patent A patent can be revoked if the invention is not being worked in India. The Patents Act, 1970 requires that a patented invention must be used in India, and if it is not being commercially exploited in the country for a certain period (typically 3 years from the date of grant), it can be challenged and revoked. 7. Fraudulent or Misleading Claims A patent can be revoked if it was granted based on fraudulent or misleading information. If the applicant was found to have made false claims or intentionally misled the patent office, the patent may be revoked. Who Can File a Petition for Patent Revocation? Any person can file a petition for the revocation of a patent. This includes: 1. Any Interested Person An interested person can file a revocation petition before the Intellectual Property Appellate Board (IPAB) or the Patent Office. An interested person can include a competitor, a third party, or even the government, who believes that the patent should not have been granted. 2. Government of India The Central Government can also file a petition for the revocation of a patent, especially if it believes the patent is against public interest or violates public policy. 3. Competitors Competitors in the same industry can challenge a patent if they believe the granted patent obstructs their ability to practice or commercialize their inventions. Procedure for Revocation of Patent 1. Filing a Revocation Petition To initiate the revocation process, the petition for revocation must be filed before the Intellectual Property Appellate Board (IPAB) or the Patent Office. The petition should detail the grounds for revocation, such as lack of novelty, inventive step, or inadequate disclosure. 2. Grounds and Evidence The petitioner must provide solid evidence to support their claim for revocation. The grounds for revocation must be clearly stated, along with the evidence or facts that prove the patent should not have been granted. The petitioner must also disclose relevant prior art, research, or documents supporting the claim. 3. Examination and Hearing Once the petition is filed, the Patent Office or IPAB will examine the grounds and evidence. The patent holder will be given an opportunity to respond to the allegations, and hearings may be scheduled if necessary. The parties involved will present their arguments. 4. Decision on Revocation After the examination, the IPAB or the Patent Office will issue a ruling. If the patent is found to be invalid based on the grounds presented, it will be revoked. The decision can be appealed in higher courts if the patent holder or the petitioner is dissatisfied with the outcome. Effect of Patent Revocation Once a patent is revoked, the patentee loses the exclusive rights to the invention. This means: No protection: The invention is no longer protected under intellectual property laws. Competitors can use the technology: Others can now legally produce, use, or sell the invention without facing legal consequences. Legal action is terminated: Any infringement lawsuits that the patent holder had initiated will be dismissed. Defenses to Patent Revocation A patent holder may defend the revocation by presenting one or more of the following defenses: 1. Novelty and Inventive Step The patentee can demonstrate that the invention is indeed novel and involves an inventive step. This could be done by providing more substantial evidence of how the invention differs from prior art. 2. Disclosure and Specification The patent holder can prove that the patent specification is complete and satisfies all the legal requirements of the Patents Act. 3. Working of the Patent The patent holder can argue that the patent is being commercially exploited or worked in India, and hence, should not be revoked on the grounds of non-working. Patent Revocation vs. Patent Opposition It's important to note the distinction between patent revocation and patent opposition: Patent Opposition: This is a process that takes place before the grant of a patent. A person can file an opposition if they believe the patent should not be granted based on the grounds mentioned above. This is done during the pre-grant or post-grant opposition stage. Patent Revocation: Revocation occurs after the patent has been granted. It is a legal action taken to invalidate the patent if it is found to be improperly granted. Conclusion Patent revocation is a legal remedy available to invalidate a patent that does not meet the criteria for patentability, such as novelty, inventive step, or full disclosure. It can be initiated by any interested party, including competitors, the government, or any other person who believes that a patent was granted incorrectly. The procedure for revocation involves filing a petition with the Intellectual Property Appellate Board (IPAB), which will review the case and determine whether the patent should be cancelled or upheld. Patent revocation serves as an important safeguard to ensure that patents are granted only for legitimate, novel, and non-obvious inventions, maintaining the integrity of the patent system.
