Patent of Addition


Where an application is made for improvement or modification of the main invention, Controller may grant the patent for improvement.

 However, where the application for improvement is subject to an independent patent, the Controller may revoke the patent for improvement and grant a patent of addition.

Patent of addition cannot be revoked simply because it does not involve any inventive step.

The patent of addition is granted for an equal term to that of unexpired period of the original patent.

Restoration of Lapsed Patent

Where a patent is expired because of non-payment of renewal fees, it can be restored if an application is made within 18 months from the date of expiry.

 If Controller is satisfied that failure to pay renewal fees was unintentional, he shall publish the application of restoration and thereupon any person can oppose it on the ground that:

1. Failure to pay fees was intentional or

 2. Application for restoration has been made after undue delay.

Where a patent is restored, the patentee will get same rights as earlier, subject to such conditions as may be specified by Controller.

Surrender and Revocation

 Where the patentee wants to surrender the patent, the Controller shall publish his offer of surrender and any interested person, thereupon, can oppose it.

Where Government is satisfied that patent relating to atomic energy has been granted, it may direct the Controller to revoke the patent.

Infringement

Where Controller is of opinion that applied invention cannot be performed without potential infringement or another patent, he can make a direction that a reference to that other patent shall be inserted. However, where applicant shows grounds of his claim or amends his complete-specification, Controller shall not insert such reference. Where reference to another patent as above has been inserted, Controller can delete the reference if:

1. That other patent is revoked

2. Complete-specification of that other patent is amended.

3. That other patent is invalid.

Opposition to Patent

After publication but before a grant of patent any person may apply in writing to Controller his opposition to the patent on following grounds:

1. The applicant has wrongfully obtained invention from him.

2. Claimed invention has been already published before priority date in any other specification or in any other document.

3. A claimed invention is published in a claim of other complete specification on or after the priority date of applicant’s claim.

4. A claimed invention is publicly known or publicly used in India before the priority date.

5.  A claimed invention is obvious and does not involve any inventive step.

6. Complete-specification does not sufficiently describe the invention, or it does not disclose the source of biological material.

7. In case of a convention application, the application was not made within twelve months from first application.

8. A claimed invention is anticipated having regard to knowledge available in India or elsewhere. Further, any interested person can give notice of opposition to Controller after granting of a patent and up to one year on same grounds as mentioned above. if an opponent makes a request, the controller may make a direction that patent shall have proceeded in the name of the opponent.

Where any notice of opposition is given under Sec 25 to Controller, then he shall notify the patentee and shall constitute an Opposition Board. This board shall conduct the examination of opposition.

Revocation of Patent for Non-working

If within two years from the grant of the compulsory license, if the patented invention is not worked then Government or any interested person can apply Controller to revoke the patent. An application should state nature of the interest of the person making application and reasons for making an application. The Controller shall give a copy of the application to the patentee and patentee may oppose the same.

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