An Overview of Patent Revocation

07/03/2022 Financial & Legal Services

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Description

Patent revocation refers to the cancellation of a person's rights conferred by the award of a patent. A patent can be cancelled on the basis of a petition by any interested party or the Central Government, or on the basis of a counter-claim in a patent infringement suit before the High Court.

On a petition filed by the government, the court may revoke a patent if the High Court finds that the Patent Owner has refused to comply with the Central Government's request to use, make, or exercise the patented invention for government purposes on reasonable conditions without cause. Any petition for patent revocation must be served on all individuals who appear on the register to be patent owners or shareholders.

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