The patent application would be placed in order for grant once it is found to be meeting all patentability requirements. However, the same can be challenged by any third party on different grounds, and the same is caused to be done by filing a revocation petition/ post-grant opposition proceedings.
Why revocation application?
Rights granted on patent cannot be absolute. Third parties are also given chance to challenge the validity of the patents by asserting infringement of patent rights.
Who can file a revocation petition?
As per section 64 of the Patent Act, 1970, the following persons can file the petition in the High Court:
? Any person interested
? The Central Government
? The person making the counter- claim in a suit for the infringement of a patent.
Where can a revocation petition be filed?
The revocation petition can be filed in the Intellectual Property Appellate Board(IPAB) by the interested person or the Central Government, or it can be filed as a counter-claim in a suit for infringement at the High Court.
What are the grounds under which a revocation petition can be brought?
The invention that is claimed in the patent application, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India
The patent was granted on the application of a person not entitled to apply thereof
The patent was obtained wrongfully in contravention of the rights
The subject of any claim is not an invention
The invention claimed in any claim of the complete specification is not new
The invention claimed in any claim of the complete specification is obvious or does not involve any inventive step
The invention claimed in any claim of the complete specification is not useful
The complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed
The scope of any claim of the complete specification is not sufficiently and clearly defined
The patent was obtained on a false representation
The invention so far as claimed in any claim of the complete specification was secretly used in India
Other than the above, if a patent is claimed to be related to atomic energy, a revocation petition can be filed against it.
Makhija and Associates is specialized in the filing and prosecutions related to Patents and all related aspects. We help in the following:
Advising upon the Patentability of an invention
Conducting and examining worldwide search for the given invention
Drafting and filing patent application
Attending compliance related to the procedural steps
Obtaining grant for the invention.
Visit us at www.makhijaandassociates.com. Enquire at firstname.lastname@example.org and call us on 9820680789,