Page:Patents Act 1970 (India).pdf/30

From Wikisource
Jump to navigation Jump to search
This page has been validated.


provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of the patented invention between the date when the patent ceased to have effect and the date of the advertisement of the application for restoration of the patent under this Chapter.

(2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the date of the advertisement of the application for restoration of the patent.

CHAPTER XII

SURRENDER AND REVOCATION OF PATENTS

63. Surrender of Patents.

(1) A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent.

(2) Where such an offer is made, the Controller shall advertise the offer in the prescribed manner, and also notify every person other than the patentee whose names appears in the register as having an interest in the patent.

(3) Any person interested may, within the prescribed period after such advertisement, give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee.

(4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order, revoke the patent.


64. Revocation of Patents.

(1) Subject to the provisions contained in this Act, a patent, whether granted before or after the commencement of this Act, may, on the petition of any person interested or of the Central Government or on a counter-claim in a suit for infringement of the patent, be revoked by the High Court on any of the following grounds, that is to say

a. that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India;
b. that the patent was granted on the application of a person not entitled under the provisions of this Act to apply therefor:
Provided that a patent granted under the Indian Patents and Designs Act, 1911 shall not be revoked on the ground that the applicant was the communicate or the importer of the invention in India and therefore not entitled to make an application for the grant of a patent under this Act;
c. that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims;
d. that the subject of any claim of the complete specification is not an invention within the meaning of this Act;
e. that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in India before the