How can a patent be revoked?
A patent can be revoked by the High Court on the petition of any
person interested or of the central government, or on a counter-claim in a suit
for infringement of the patent, on any of the following grounds:
·
The invention was claimed in a valid claim of earlier priority
date and contained in the complete specification of another patent granted in
India.
·
The patent was granted on the application of a person not entitled
under the provisions of the Patents Act to apply.
·
The patent was obtained wrongfully in contravention of the rights
of the petitioner or any person under or through whom he claims.
·
The subject matter of the invention is not an invention within the
meaning of the Patents Act or is not patentable under the Patents Act.
·
The invention is not new or does not involve any inventive step,
having regard to what was publicly known or publicly used in India or what was
published in India or elsewhere before the priority date of the claim.
·
The invention is not useful.
·
The scope of any claim is not sufficiently and clearly defined or
that any claim is not fairly based on the matter disclosed in the
specification.
·
The patent was obtained on a false suggestion or representation.
·
The applicant for the patent failed to disclose to the Controller
of Patents the information required by section 8 (that is, information on the
status of corresponding foreign applications pertaining to the same or
substantially the same invention) or furnished information that to his
knowledge was false in relation to particular material.
·
The leave to amend the complete specification under section 57
(pertaining to application to amend a patent or a patent application) or
section 58 (pertaining to application to amend a patent during infringement or
revocation proceedings) was obtained by fraud.
.
Posted in: INDIAN PATENT SYSYTEM
