Revocation of patent

Request to revoke a granted patent

1. Revocation of Patent Mr. Sagar Kishor Savale [Department of Pharmaceutics] [email protected] 2015-2016 Department of Pharmacy (Pharmaceutics) | Sagar Savale

2. 2 Revocation : Request to revoke a granted patent Opposition : Right to oppose grant of a patent. 7/10/2016 Sagar Kishor Savale

3. 3 Pre grant Opposition : Right to oppose grant of a patent Post grant Opposition : Request to revoke a granted patent within one year of grant of patent. Revocation: Terms beyond post-grant opposition . 7/10/2016 Sagar Kishor Savale

4. 4 Description Pre-grant Opposition 25(1) Post-grant Opposition 25(2) Hearing No procedure for Hearing Procedure as detailed in R. 62 Relief Form Rejection of Application No prescribed form Revocation of Patent Form 7 Fee Time limit No Fee Within 3 month after publication Rs.1500/- for Individuals and Rs.6,000/- for Legal Entity One year within grant of patent Costs Appeal No provision for costs In IPAB Cost can be awarded under R.63 In IPAB 7/10/2016 Sagar Kishor Savale

5. 5 Patent Opposition Opportunity to public Kinds Pre-grant representation and Post grant opposition Pre grant representation to be filed before grant Post grant opposition to be filed within 1 year from date of grant 7/10/2016 Sagar Kishor Savale

6. 6 Revocation of patents Apart from challenging the grant of patent or opposing the granted patent under sections 25 (1) and 25 (2), another opportunity to file petition- Revocation of patent. Section 64 , (36) Indian Patent Act, 1970. Patent may be revoked anytime during the life of patent by any person interested . Unlike post grant opposition, revocation of patent is not a time bound procedure 7/10/2016 Sagar Kishor Savale

7. 7 Who can file revocation Person interested in the appellate board The Central Government The High Court has the power to settle disputes between the patentee and the central government. Form 19 7/10/2016 Sagar Kishor Savale

8. 8 Revocation means "cancellation” Revocation of an offer means its withdrawal by the offer or An offer may be revoked at any time before the offeree accepts it. Revocation of an offer after acceptance will be ineffective. If it is to be effective, it must be communicated before the dispatch of the letter of acceptance. Revocation Cont ., 7/10/2016 Sagar Kishor Savale

9. 9 Section 5 lays down "a proposal may be revoked at any time before the communication of its acceptance as against the proposer". An offer is made irrevocable by acceptance. Revocation may be express or implied. For example, Mr. Suresh proposes to Mr. Anil that he will sell his Bajaj scooter. Mr. Suresh can revoke his offer before Mr. Anil posts his letter of acceptance. 7/10/2016 Sagar Kishor Savale

10. 10 Reference WWW.Revocation.Wiki.In Sagar Kishor Savale et. al., Intellectual Property Rights (IPR),World Journal of Pharmacy and Pharmaceutical Sciences, Volume 5, Issue 6, 2016, 2529-2559. 7/10/2016 Sagar Kishor Savale

11. 11 7/10/2016 Sagar Kishor Savale