Patent from PTO based on Invention should 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 from 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, at the same time patentee can surrender his patent to PTO before term completion under certain conditions; this is called Surrender or How To Patent An Idea With Inventhelp.
A patent may be surrendered by patentee whenever you want through an application in prescribed format, be a total surrender or restricted to a number of claims in the patent. In this situation the Controller will publish the offer in the Official journal.
Few grounds to surrender of patents:
1. Surrender of an entire patent is made with a failure to pay the annuities prescribed by law which leads to the laps of patent.
2. In exposure to the company transactions: In order to avoid a declaratory judgment of nullity in the patent. To eliminate a defense with an action for infringement, desires to forfeit the patent or any claim there under, with immediate effect.
3. Reissue of defective patents
The patentee/patent holder can provide to surrender his How To Get A Patent 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 three months from your date of publication in the notice within the Official journal. The notice of opposition ought to be in form 14 with prescribed fee (Six thousand for legal entity; Refer PTO site for updated fees).
Surrender may be prejudicial to licensee that have made preparation for or involved in, in these cases the licensee should are able to guard his interests because they are notified in the intended surrender & given a chance to oppose the surrender.
An opponent can send written statement describing the opponent’s interest and the facts upon which he is opposing. The opponent could also submit evidences within 3 months through the date of publication from the notice inside the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. In the event the patentee doesn’t respond within 2 months after he receiving opposition notice, the patent will likely be deemed to revoke. When the patentee withdraws the patent after opposition filed, the controller can decide whether cost should be awarded for the opponent.
The patentee must respond within sixty days through the date of opposition receipt received by him. The patentee must submit a statement that explains the grounds upon that the opposition is contested. The opponent must reply within 1 month after finding the statement of patentee. The opponent could also submit further evidences to back up his case.
After evidence presentation or recommendation of Opposition board, the controller will fix time as well as date for hearing the opposition. If neither patentee nor opponent desires to know the opposition the controller will decide the opposition and will publish his decision. If Patentee or opponent desires to know, they should give notice for the controller within ten fvijrm combined with the fee.
Either Patentee or opponent promises to count on any publication on the hearing, not already submitted, can provide for the other party and also to the controller not under five days notice of his intention, combined with the information on the publication.
If the Controller accepts the Patentee’s offer to surrender the Inventhelp Inventions, 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 of the Controller under section 63 is appealable in Appellate Board.