Patent issued by PTO based upon Invention must 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 through the date of grant.
Patent holder can take advantage of his full rights from date of grant to till term completion (i.e two decades through 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 George Foreman Commercial.
A patent could be surrendered by patentee whenever you want through an application in prescribed format, be a total surrender or restricted to several claims in the patent. In this situation the Controller will publish the offer inside the Official journal.
Few grounds to surrender of patents:
1. Surrender of your entire patent is made by a failure to pay the annuities prescribed legally which results in the laps of patent.
2. In relationship with the organization transactions: To avoid a declaratory judgment of nullity from the patent. To remove 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 will offer to surrender his Innovation at any time through an application in prescribed format under section 63 of Indian Patent Act 1970, together with fees (Four thousand for legal entity; Refer PTO site for updated fees).
Any interested person (including licensee) may give notice of opposition to the surrender of Patent within 90 days from your date of publication from the notice inside 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 might be prejudicial to licensee who may have made preparation for or involved in, in such cases the licensee should have a chance to safeguard his interests by being notified from 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 may also submit evidences within three months through the date of publication of the notice inside the Official journal.
The Controller will inform the Patentee on receipt of opposition notice. If the patentee doesn’t respond within two 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 to the opponent.
The patentee must respond within 2 months from the date of opposition receipt received by him. The patentee has to submit a statement that explains the grounds upon that the opposition is contested. The opponent needs to reply within one month after receiving the statement of patentee. The opponent can also submit further evidences to aid 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 learn, they ought to give notice towards the controller within ten fvijrm together with the fee.
Either Patentee or opponent plans to rely on any publication on 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 details of the publication.
If the Controller accepts the Patentee’s offer to surrender the Inventhelp Office, he directs the patentee to surrender the patent and revoke the patent. The revocation will likely be published in the Official journal. The choice or direction in the Controller under section 63 is appealable in Appellate Board.