Overview of Patent Revocation

Patent Revocation refers to the cancellation of the rights granted to a Patent holder. This can occur through a petition filed by an interested individual, the Central Government, or through a counter-claim in an infringement suit filed in the High Court. The court may revoke the Patent if it finds that the Patent owner has failed to comply with the Central Government’s request to use, manufacture, or exercise the patented invention for government purposes on reasonable terms. Any petition for Patent Revocation must be notified to all individuals listed in the register as Patent owners or those with shares or interests in the Patent.

What is a Patent?

A Patent provides legal protection to an inventor against unauthorized use of their invention or technology. For an invention to qualify for a Patent, it must be novel—meaning it is not known, published, or used by others in the relevant field. Patent protection lasts for a limited period.

Who Can File a Petition for Patent Revocation?

The following individuals/entities are eligible to file a petition for Patent Revocation:

• Any interested party
• The Central Government
• A defendant who files a counter-claim in a Patent infringement case

Where Can a Petition for Patent Revocation Be Filed?

A petition for Patent Revocation should be filed with the Intellectual Property Appellate Board (IPAB) under Section 64 of the Patent Act, 1970. According to Section 104 of the Patent Act, a petition related to Patent infringement and seeking Revocation cannot be filed in a court inferior to the District Court. If the defendant files a counter-claim for Patent Revocation, the case should be transferred to the High Court.

Grounds for Patent Revocation

To file a petition for Patent Revocation or to challenge a Patent, certain grounds must be established. The Patent Act, 1970 outlines various grounds on which a petition can be filed with the Intellectual Property Appellate Board (IPAB) or as a counter-claim in a Patent infringement suit in the High Court.

Here are some key sections that provide grounds for Patent Revocation:

Section 64: Grounds for Revocation

Section 64 of the Patent Act, 1970 specifies the following grounds for Patent Revocation:

• Earlier Patent: If a similar invention is already protected by a Patent with an earlier filing date.
• Obvious Innovation: A Patent cannot be granted for an invention that is obvious.
• Failure to Provide Utility: If the invention does not work as described in the Patent application.
• Invalid Ownership: A Patent can be revoked if granted to someone who is not entitled to it under the Patent Act.
• Fraudulent Acquisition: If the Patent was obtained by fraud or misrepresentation, the actual owner can petition for its revocation.
• Failure to Disclose Information: As per Section 8, inventors are required to disclose certain details. Failure to do so can lead to Patent revocation.
• Non-compliance: If the inventor fails to comply with confidentiality directions under Section 35, the Patent may be revoked.
• Ineligible Inventions: Inventions falling under Section 3 of the Patent Act are not eligible for a Patent.
• Fraudulent Amendment: If any amendments to the Patent were obtained by fraud, the Patent may be revoked under Section 57 or 58.
• Lack of Originality: If the invention lacks originality, such as prior public use or prior knowledge, the Patent can be revoked.
• Inventions Known in India: If the invention is already known to the public in India, the Patent can be revoked.
• Failure to Disclose Biological Material: If the invention involves biological material that was not properly disclosed, it may lead to revocation.
• Non-compliance with Standards: If the invention does not meet the requirements outlined in Section 2(1)(j) of the Patent Act, the Patent can be revoked.
• Local or Native Community Knowledge: If the invention is already known within a local or native community in India, the Patent can be revoked.

Section 66: Public Interest

This section allows for Patent Revocation if the invention is detrimental to the public, even if it benefits the individual inventor. The law does not permit inventions that are harmful to the public to continue.

Section 65: Atomic Energy

Under Section 65, the Central Government can request the revocation of a Patent if it pertains to atomic energy, in violation of the Atomic Energy Act, 1962. The Government may also ask for alterations to the Patent to comply with the Act.

Section 85: Non-working of Patent

Section 85 allows for Patent Revocation if a Compulsory License has been issued for the patented invention. The grounds for revocation include:

• The invention has not been worked within India.
• The invention is not available to the public at a reasonably affordable price.
• The public's requirements for the patented invention have not been met.

Note: The Government or any interested individual can apply for revocation after two years from the issuance of the first Compulsory License.