Grounds For Patent Revocation – Patents

Need for revocation of patent (completely or in partially) arises due to the fact that when patent application is filed, it is difficult to examine whether the innovation is new or it is dressed up.Generally there are four months for opposing the patent after the grant and if it is not possible or any organization misses an opportunity for opposition, So there are some important grounds by which a patent can be revoked.There are three modes of revocation of patent in India.1. Central Government.(a) In the public interest(relating to atomic energy)
2. Controller(a) Where the patentee surrenders the patent:(b) On the granting of a patent of addition (former patent will be revoked):(c) Upon the issue of a compulsory license:(d) Upon the receipt of an adverse report after examination3. Courts(a) Court may act on a petition by the Minister or any other person:(b) Court may act on a counterclaim for revocation by a person accused of infringing a patent:- Grounds for Revocation:(1) The patentee is not entitled to the patent;
(2) The invention is not patentable;
(3) The patentee has contravened a condition in the patent;
(4) The patent was obtained by fraud or misrepresentation;
(5) An amendment to the request or specification was made or obtained by
fraud or misrepresentation; or
(6) The specification does not comply with the requirements of
(7) nonworking of patent
(8) Noncompliance with secrecy order
(9) In the public interest(relating to atomic energy)The primary issue for revocation of patent depends on novelty, inventive step, usefulness, secret use, and manner of manufacture and also specific case study will help more.