Patent Law in India – Revocation of patents by the Controller for non-working

Patent law in India includes The Patents Act, 1970 along with the patent rules, as amended in 2005, 2014 and 2016.

Indian patent law is based on international standards as India is signatory to TRIPS (Trade Related Aspect of Intellectual Property Rights System as specified by WIPO (World Intellectual Property Organisation).

India is also signatory to the Patent Cooperation Treaty (PCT) for filing of PCT National Phase Applications in India and PCT International Patent Applications with Indian Patent Office as receiving office.

Important section of patent act in India is:

Section 85
Revocation of patents by the Controller for non-working

(1) Where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence, apply to the Controller for an order revoking the patent on the ground that the patented invention has not been worked in the territory of India or that reasonable requirements of the public with respect to the patented invention has not been satisfied or that the patented invention is not available to the public at a reasonably affordable price.

(2 )Every application under sub-section (1) shall contain such particulars as may be prescribed, the facts upon which the application is based, and, in the case of an application other than by the Central Government, shall also set out the nature of the applicant’s interest.

(3) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that patented invention has not been worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price, may make an order revoking the patent.

(4) Every application under sub-section (1) shall ordinarily be decided within one year of its being presented to the Controller.

Patent Services – Contact Us Now

Patent Searches | Patent Validity Search | Patent Invalidity Search | Patent Prior Art Search – Patentability Analysis

Provisional Application for Patent | Patent Pending Status | Non-provisional Application for Patent

Complete Application for Patent | Drafting Patent Applications | Software Patent Drafting | Mobile App Patents

Utility Patent Drafting & Filing | Guide to Software Patenting | Mobile Application Patent Drafting

USPTO Patent Filing | Patent Drafting – Step by Step Process to Write Patent Application – Insights by Patent Attorney

Patent Process in India | Freedom To Operate | FTO Analysis – Patent Searching Services

Indian Patent Office Procedure | Drafting USPTO Patent Office Action Response

Responding to USPTO Office Action | PCT Patent Application | PCT National Phase Application in India

Patent Prosecution India | WIPO PCT International Patent Application Filing | WIPO Patent Search

Online International Patent Search Platform | PCT Patent Status Search