Patent from PTO based upon Invention has to be Novel, Non-obviousness and Industrial applicability; the majority of the countries are giving right to patentee to make, 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 also enjoy 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 Intromark.
A patent could be surrendered by patentee at any time with an application in prescribed format, become a total surrender or limited to a number of claims in the patent. In that situation the Controller will publish the offer in the Official journal.
Few grounds to surrender of patents:
1. Surrender of the entire patent is created with a failure to pay for the annuities prescribed legally which leads to the laps of patent.
2. In connection with the organization transactions: To avoid a declaratory judgment of nullity from the patent. To get rid of a defense to 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 offer to surrender his New Invention Idea 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 through the date of publication of the notice within 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 may be prejudicial to licensee who have made preparation for or involved in, in such instances the licensee should are able to safeguard his interests because they are notified from the intended surrender & given a chance to oppose the surrender.
An opponent can send written statement describing the opponent’s interest as well as the facts upon that he is opposing. The opponent can also submit evidences within three months from the date of publication in the notice inside the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. When the patentee doesn’t respond within 2 months after he receiving opposition notice, the patent will likely be deemed to revoke. In the event the patentee withdraws the patent after opposition filed, the controller can decide whether cost ought 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 needs to submit a statement that explains the grounds upon which the opposition is contested. The opponent needs to reply within 30 days 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 can publish his decision. If Patentee or opponent desires to learn, they need to give notice for the controller within ten fvijrm along with the fee.
Either Patentee or opponent plans to count on any publication in the hearing, not already submitted, can provide for the other party and to the controller not less than five days notice of his intention, along with the information on the publication.
If the Controller accepts the Patentee’s offer to surrender the Inventhelp Caveman Commercials, he directs the patentee to surrender the patent and revoke the patent. The revocation will be published within the Official journal. The decision or direction from the Controller under section 63 is appealable in Appellate Board.