REVOCATION OF PATENTS

Revocation of patents can be made under Section 64 of the Indian Patents Act 1970. A patent may be revoked on a petition of any person interested or of the Central Government by the Appellate Board or on a counter claim in a suit for infringement of the patent by the High Court.

A person interested must be a person who has a direct, present and tangible commercial interest which is injured or affected by the continuance of the patent on the register.

The revocation proceedings can be initiated by the following:

1. Central Government directs the Controller to revoke the patent,
2. if the invention relates to defense purposes,
3. if the patent is for an invention relating to atomic energy, and
4. if the Central Government feels that the patent or the manner in which it is exercised is prejudicial to public
5. Controller:
6. If a compulsory license has been granted for a patent, and if a person applies to the Controller on the ground that the patented invention is not worked at the optimum to meet the requirements of the public.
7. If an independent patent has been granted for any modification or improvement on the main invention, the Controller on the patentee’s request may revoke the independent patent on modification of that invention and grant him patent of addition.
8. If the patentee surrenders the patent the Controller may revoke the patent.

Section 104 of the Patents Act, 1970 (as amended by Patents (Amendment) Act, 2005) expresses that no suit for infringement of a patent shall be instituted in any court inferior to a district court having jurisdiction to try the suit and where, in a suit for infringement of a patent, a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counter-claim is transferred to the High Court for decision. Further there is no statutory requirement that in a case where a suit for infringement is pending, revocation of patent can be sought for only by way of a counter-claim and not by way of separate and independent application.
           
GROUNDS FOR REVOCATION OF PATENT 

The grounds on which the patent can be revoked:

1. The claims are invalid;
2. The patentee is not entitled for the patent;
3. The subject of the invention is not patentable;
4. The subject of the invention is not useful, is not new, or does not  involve inventive step;
5. The description of the invention as disclosed in the specification is not elaborate;
6. The details under section 8 have not been disclosed or wrongfully disclosed;
7.  Secrecy direction has been issued against the invention;
8. The origin of biological material was wrongfully disclosed or not disclosed;
9. The invention claimed is anticipated by prior knowledge in any local community.