Revocation Of Patents In India

The revocation of patents is a critical process within the Indian legal framework, designed to maintain the integrity of the patent system. It involves canceling or invalidating a granted patent when it fails to meet the legal and technical standards required under the Indian Patents Act, 1970. This process ensures that patents are granted only for genuine, innovative inventions and prevents the misuse of patent rights.

Revocation plays a vital role in promoting fair competition, safeguarding public interest, and upholding the standards of innovation. Whether due to non-compliance, lack of originality, fraudulent claims, or public safety concerns, patents can be revoked under specific provisions such as Sections 64, 65, 66, and 85 of the Act.

This guide provides an in-depth look into the revocation of patents in India, its importance, legal provisions, procedures, and real-world examples, helping you understand how this process ensures a balanced and ethical patent system.

What Is The Revocation Of Patents In India?

The legal process of cancelling or invalidating a granted patent is known as patent revocation. This means that the rights of the patent holder are revoked and are no longer protected under patent law. Revocation is a means of ensuring that only those patents that meet all the legal and technical requirements are enforced.

It is just that—taking back something that was granted to the wrong person. This action removes the rights granted by the patent to be the only person to make, use, or sell them.

Importance Of Revocation Of Patents

The intellectual integrity of the patent system is dependent on revocation. It helps in:

• Against monopolies protected by invalid patents.
• Maintaining legal and technical standards.
• Invalidating the grant of patents in error, promoting fair competition.

Legal Provisions Relating To The Revocation Of Patents?

Revocation is the process of cancellation under the Indian Patent Act, 1970. This law lays down the ways to challenge the validity of a patent. The following sections of the Act are relevant:

Section 64: Grounds For Revocation

The Indian Patent Act (Section 64) has separately enumerated various reasons due to which a patent can be revoked. These include:

1. Lack of innovation or utility: The invention is revealing, not creative, or without genuine purpose.
2. Not new or widely known: If the invention was not original and was already used or published in India before the patent application was filed, it would lead to the failure of the patent case. If the patented invention was known in the local and indigenous communities in India or abroad before the patent date.
3. It is a patent having no right or not an invention: This means if the applicant was not eligible for a patent or the subject is not an invention.
4. Lack of specifications or duplicate

• The patent is too broad, or the description is vague.
• The subject matter was already the subject of another non-provisionally granted patent.

5. Fraudulent claims

• The applicant may have obtained the patent by making false claims or misrepresentations.
• If these changes were made dishonestly.

6. Incorrect or missing information: If the information required under Section 8 of the Act was incorrect or the provider was not there.
7. Geographical or Biological Misrepresentation: If the inventor or the biological material used has been omitted or misrepresented.
8. Breach of confidentiality or secret use

• If the invention was used secretly before applying for the patent.
• However, whether the applicant has broken the confidentiality rules under Section 35 of the Act.

9. Poor disclosure in the patent: If the patent does not clearly describe the invention or the best way to use that invention.
10. Post-Grant Opposition (Section 25(2))

• If the patent does not meet the legal requirements after it is granted, anyone can challenge it.
• Within one year of publication, it can be presented before the Controller of Patents.

Section 65: Revocation For Non-Working Of A Patent

Under Section 65, the central government can revoke a patent if the invention relates to atomic energy.

• It then assesses against the patentee whether the invention relates to atomic energy.
• The Atomic Energy Act of 1962 prohibits the grant of patents for inventions relating to atomic energy.

Section 66: Revocation In The Public Interest

If the patent harms public interest, as per Section 66, the patent can be revoked.

Main reasons for cancellation in public interest:

• It is dangerous or infringes upon public health or safety.
• The process or method of implementing the invention is risking the safety of the public.
• This provision ensures that the patent is not exploited selfishly at the cost of the larger community.

Section 85: Act-Controller Revocation For Non-Working Patent

Under Section 85 of the Patents Act, 1970, registered works can be canceled where they are not in use. If a compulsory license has been issued for a patent, the government or any interested person can request the controller to cancel the patent.

The first of several requests is required to be made within two years of the grant of compulsory license.

The main reasons for cancellation of a patent are as follows:

• The patented invention is not being used in India.
• The patent is not being made available to the public according to their reasonable requirements.
• The invention is not being sold to the public on a fair and reasonable basis.

Who Can Apply For Revocation?

The following parties can apply for patent cancellation in India:

• Any interested party: Person affected by the patent.
• Central Government: Where the patent is against the public interest.
• Opponents after grant: Opponents of a patent can apply for patent cancellation after the grant of the patent.

Also Read : Patent Litigation in India

Procedures For Revocation Of Patent

If you want to file a Patent Revocation then you will have to go through the given process:

IPAB Through Intellectual Property Appellate Board (IPAB)

The predecessor of IPAB in India handled revocation proceedings. But with recent changes, these responsibilities have been handed over to the high courts.

Opposition After Grant

Section 25(2) provides that any person may oppose the grant of a patent within 12 months from the date of the grant. The revocation may be opposed after the grant.

Legal Proceedings

Revocation proceedings may be brought by interested parties directly in the High Court.

Also Read : Types Of Intellectual Property Rights

Implications Of Patent Revocation

Revocation of a patent has significant consequences:

• Loss of monopoly: The invention goes away from the exclusive rights of the patent holder.
• Legal and financial implications: Revocation can lead to loss of money and reputation.
• Public access: As soon as the invention is revoked, it becomes accessible to the public for use.

Patent Revocation Cases In India

Here we are sharing two case studies that will help you understand the process of Patent Revocation.

Case Law 1: Agracetus (1994)

In 1994, the Government of India revoked the government approval of a US company's patent on genetically engineered cotton cell lines under Section 66 of the Patents Act, 1970. Farmers protested, alleging that the patent infringed India's as well as their own fundamental rights. This is the first time the government has used Section 66.

Case Law 2: Avasthagen (2012)

In 2012, the government took away the patent from Avasthagen for a diabetes medicine that contained jamun and lavangpatti, traditional ingredients. However, this knowledge was already part of the Traditional Knowledge Digital Library (TKDL) of India and was challenged in the patent. This was the second time Section 66 was used.

Conclusion

In conclusion, the revocation of patents is a critical legal mechanism that ensures the integrity of the patent system, promoting innovation while preventing misuse or abuse of patent rights. In India, various grounds, as outlined in the Patents Act, provide a framework for challenging and revoking patents, whether due to lack of innovation, fraudulent claims, public interest concerns, or non-working of a patent. The revocation process helps to ensure that only valid, useful, and deserving inventions remain protected, fostering fair competition and innovation.

Patent revocation can be initiated by interested parties, including the central government and competitors, and it involves a formal process that may include filing objections or appealing to the Intellectual Property Appellate Board (IPAB) or the High Courts. While the revocation of a patent can lead to significant consequences for the patent holder, such as a loss of monopoly and potential financial implications, it ultimately opens the invention for public use, benefiting the larger community.

Cases like Agracetus and Avasthagen have demonstrated the practical application of patent revocation in India, reinforcing the importance of protecting public interests, particularly in cases of misappropriation of traditional knowledge or when patents pose risks to public health and safety.

Thus, patent revocation plays a vital role in maintaining a balanced, fair, and dynamic innovation ecosystem that benefits inventors, consumers, and society as a whole.

FAQs On Revocation Of Patent

Here are questions and answers related to patent revocation in India:

Q1.What is the revocation of a patent in India?

Patent revocation in India refers to the legal process of invalidating a granted patent. This can be initiated by any interested party on various grounds such as lack of novelty, non-obviousness, insufficient disclosure, and fraud, among others, as specified under Section 64 of the Patents Act, 1970. Revocation results in the removal of the exclusive rights granted to the patent holder, allowing others to use, make, or sell the invention freely.

Q2.Who can file for patent revocation?

Any person interested, including individuals, organizations, or entities involved in the same field as the patented invention, can file for patent revocation. This can be done either by filing a revocation petition before the High Court or as a counter-claim in an infringement suit. Additionally, the central government or other parties with a vested interest may also file for revocation in cases involving public interest.

Q3.What are the common grounds for patent revocation in India?

Common grounds for patent revocation in India include:

• Lack of novelty or prior art disclosure.
• Non-obviousness and lack of inventive steps.
• Insufficient or unclear disclosure in the patent specification.
• Fraud or misrepresentation during the patent application process.
• Non-compliance with Section 8 regarding foreign applications.
• Inventions that are not patentable under Section 3 of the Patents Act (such as discoveries, abstract ideas, or inventions contrary to public order).

Q4.How can an intellectual property lawyer help in patent revocation cases?

An intellectual property lawyer provides essential legal expertise in navigating the complexities of patent revocation cases. They assist in gathering and presenting evidence to support the grounds of revocation, ensure compliance with legal requirements, represent clients in court, and leverage judicial precedents to strengthen their case. They can also help in challenging the validity of a patent or defending against a revocation petition.

Q5.What is the role of the Patent India office in the revocation process?

The Patent India office plays a crucial role in the administration and enforcement of patent laws. It handles the initial opposition proceedings (both pre-grant and post-grant), processes revocation petitions, and ensures compliance with procedural requirements. The office also facilitates hearings and the formation of opposition boards for post-grant challenges. Additionally, it helps in overseeing the revocation process by managing the examination of grounds and ensuring transparency and fairness in proceedings.

Reference Links:

https://blog.ipleaders.in/opposition-and-revocation-of-the-patent-the-nightmare-of-the-patentee/

https://www.ezylegal.in/blogs/what-are-the-provisions-relating-to-the-revocation-of-patents