Patent from PTO based on Invention has to be Novel, Non-obviousness and Industrial applicability; most of the countries are giving right to patentee for making, using, selling, or distributing the patented invention for 20 years duration from the date of file. But, full rights acquire through the date of grant.
Patent holder can take advantage of his full rights from date of grant to till term completion (i.e 20 years from the date of first filing date.). Patent holder have directly to enjoy his rights, simultaneously patentee can surrender his patent to PTO before term completion under certain conditions; this is called Surrender or Inventhelp Caveman.
A patent may be surrendered by patentee whenever you want via an application in prescribed format, become a total surrender or restricted to a number of claims from the patent. In this situation the Controller will publish the offer inside the Official journal.
Few grounds to surrender of patents:
1. Surrender of an entire patent is created by a failure to cover the annuities prescribed legally which results in the laps of patent.
2. In connection with the organization transactions: In order to avoid a declaratory judgment of nullity in the patent. To remove a defense with an action for infringement, would like to forfeit the patent or any claim there under, with immediate effect.
3. Reissue of defective patents
The patentee/patent holder can offer to surrender his Inventhelp Product Development at any time via an application in prescribed format under section 63 of Indian Patent Act 1970, in addition to fees (Four thousand for legal entity; Refer PTO site for updated fees).
Any interested person (including licensee) can give notice of opposition for the surrender of Patent within 3 months through the date of publication in the notice in the Official journal. The notice of opposition needs to be in form 14 with prescribed fee (Six thousand for legal entity; Refer PTO site for updated fees).
Surrender might be prejudicial to licensee who may have made preparation for or engaged in, in such instances the licensee should have a chance to guard his interests because they are notified of the intended surrender & given an opportunity to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and also the facts upon which he is opposing. The opponent could also submit evidences within three months from your date of publication in the notice in the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. When the patentee doesn’t respond within sixty days after he receiving opposition notice, the patent will likely be deemed to revoke. If the patentee withdraws the patent after opposition filed, the controller can decide whether cost needs to be awarded for the opponent.
The patentee needs to respond within 2 months from the date of opposition receipt received by him. The patentee has to submit an announcement that explains the grounds upon in which the opposition is contested. The opponent has to reply within one month after finding the statement of patentee. The opponent may also submit further evidences to aid his case.
After evidence presentation or recommendation of Opposition board, the controller will fix time and date for hearing the opposition. If neither patentee nor opponent desires to hear the opposition the controller will decide the opposition and definately will publish his decision. If Patentee or opponent desires to learn, they ought to give notice to the controller within ten fvijrm along with the fee.
Either Patentee or opponent plans to rely on any publication at the hearing, not already submitted, can give towards the other party as well as the controller not less than five days notice of his intention, along with the specifics of the publication.
If the Controller accepts the Patentee’s offer to surrender the Invent Help Invention Idea, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published in the Official journal. The decision or direction in the Controller under section 63 is appealable in Appellate Board.