Request to revoke a granted patent

1. Revocation of Patent
Mr. Sagar Kishor Savale
[Department of Pharmaceutics]
avengersagar16@gmail.com
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.
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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.
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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
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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
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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
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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
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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.,
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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.
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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.
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