Key terms of Patent Act Term #7: Person interested

1. Term #7
Person interested
u/s 2 of
Indian Patents Act 1970
Key Terms of Indian Patents Act
Ms Bindu Sharma, Founder & CEOSpeaker

2. Person interested
A person (legal or natural) who
has some concern or interest in
the patent/application for the
reason of being in the same
area of technology.

3. U/S 2 [Definitions
and interpretation]
Person interested includes a
person engaged in, or in
promoting, research in the
same field as that to which
the invention relates.

4. U/S 11B [Request for
examination]
The request for examination
shall be made by, the applicant
or the person interested.

5. U/S 25 [Opposition to
the patent]
Post-grant opposition
Any person interested may give
notice of opposition to the
Controller, within 12 months of
time, after patent is granted.

6. U/S 57 [Amendment of application and
specification or any document related thereto
before Controller]
• Amendment of application and specification or any
document related may be done before Controller upon
request of the applicant.
• Any application to amend an application made after
the grant of patent and the nature of the proposed
amendment may be published.
• Any person interested may after the publication of the
amendment of granted patent, give notice of
opposition to the Controller.

7. U/S 61 [Procedure for disposal of
applications for restoration of lapsed
patents]
• A patent gets lapsed if the patentee fails to pay renewal
fee in time.
• Lapsed patent can be restored if the Controller is prima
facie satisfied that the failure to pay the renewal fee was
unintentional there has been no undue delay in the
making of the application.
• He shall publish such application and within the
prescribed period any person interested may give notice
to the Controller of opposition that the failure to pay the
renewal fee was not unintentional or there has been
undue delay in the making of the application.

8. U/S 63 [Surrender of
patents]
• If a patentee offers to surrender his patent,
the Controller shall publish the offer and
notify every person other than the
patentee whose name appears in the
register as having an interest in the patent.
• Any person interested may give notice to
the Controller of opposition to the
surrender, and where any such notice is
given the Controller shall notify the
patentee.

9. U/S 64 [Revocation of
patents]
A patent may, be revoked on a
petition of any person interested
or of the Central Government by
the Appellate Board or on a
counter-claim in a suit for
infringement of the patent by the
High Court.

10. U/S 78 [Power of Controller to
correct clerical errors, etc],
• The Controller may correct any clerical
error in any patent or in any specification
or other document filed with the
application
• A correction may be either made upon a
request in writing made by any person
interested and accompanied by the
prescribed fee, or without such a
request.

11. U/S 84 [Compulsory
licences]
At any time after the expiration of
three years from the date of the
grant of a patent, any person
interested may make an
application to the Controller for
grant of compulsory licence on
patent.

12. U/S 102 [Acquisition of inventions and
patents by the Central Government]
• Central Government can acquire the
patent and such acquisition is
published.
• Notice of such acquisition is given to
everyone whose name appears in
register as person interested.

13. U/S 148 [Declaration by
infant, lunatic etc]
• A person has to be of sound mind in
order to make any statement or doing
anything under this Act. If the person is
not of sound mind, his lawful guardian
can act on his behalf. Other than lawful
guardian, Court may appoint any person
who can act on behalf of person who is
not of sound mind.
• An appointment may be made by the
court upon the petition of any person
interested in the making of the statement
or the doing of the thing.

14. Question
Request for examination may be filed
by applicant or Person Interested. If it
is filed by person interested, the
examination report is sent to:
a. Applicant
b. Person Interested
c. Both
d. None

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