Short Notes under the Patents Act, 1970
(1) Term of Patent and Renewal
(2) Revocation of Patent
(3) Patent Cooperation Treaty
1. Term of Patent and Renewal
The provisions relating to the term and renewal of patents are provided under Section 53 of the Patents Act, 1970.
According to Section 53(1), the term of every patent granted in India is 20 years from the date of filing the patent application.
This uniform duration of 20 years was introduced through the Patent (Amendment) Act, 2002. Prior to this amendment, the term of patents was different for various types of inventions. However, after India became a member of the World Trade Organization and complied with international intellectual property standards, the duration was standardized to 20 years for all patents.
For international patent applications, where India is designated as a country, the patent term is also 20 years from the international filing date under the Patent Cooperation Treaty.
Renewal of Patent
A patent must be renewed every year by paying the prescribed renewal fee to maintain its validity.
If the patentee fails to pay the renewal fee within the prescribed period:
• The patent will lapse
• The invention will lose legal protection
• Others may use the invention freely
Thus, renewal fees are necessary to keep the patent in force for the full 20-year term.
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2. Revocation of Patent
Revocation means cancellation or withdrawal of a granted patent. The provisions for revocation are contained in Sections 64, 65, and 66 of the Patents Act, 1970.
A patent may be revoked by the High Court or appropriate authority on the application of:
• Any interested person
• The Central Government
Grounds for Revocation (Section 64)
A patent may be revoked on the following grounds:
1. The invention claimed was already claimed in an earlier patent.
2. The patent was granted to a person not entitled to apply for it.
3. The patent was wrongfully obtained from the true inventor.
4. The subject matter is not an invention under the Act.
5. The invention was already publicly known or used in India.
6. The invention lacks inventive step or novelty.
7. The invention is not useful.
8.The invention does not satisfy the requirements of patentability.
9. The subject matter is not patentable under the Act.
10. The patent specification does not properly define the invention.
11. The patent was obtained on false representation or fraud.
12. The subject matter is not suitable for patent protection.
13. The invention was already secretly used in India.
14. The applicant failed to disclose required information to the Controller under Section 8.
15. Violation of secrecy provisions under Sections 35 and 36.
16. Fraudulent amendment or modification of patent under Sections 57 and 58.
17. Failure to disclose the geographical source of biological material used in the invention.
18. The invention is based on traditional knowledge already known to the public.
Case Law
In Monsanto Company v. Coromandel Indag Products Pvt. Ltd., the Supreme Court held that a patent can be revoked if the invention is not new and was already publicly known or used in India.
In Standi Pack Pvt. Ltd. v. Oswal Trading Co. Ltd., the court observed that where the validity of a patent is seriously challenged, courts should avoid granting injunctions.
Revocation Related to Atomic Energy
Under Section 65, if an invention relates to atomic energy and falls within the scope of the Atomic Energy Act, 1962, the patent must be revoked.
Revocation in Public Interest
Under Section 66, the Central Government may revoke a patent if its use is found to be prejudicial to public interest.
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3. Application under Patent Cooperation Treaty (PCT)
The Patent Cooperation Treaty (PCT) is an international treaty that allows inventors to seek patent protection in multiple countries through a single application.
Applications under PCT are governed by Section 7(1A) of the Patents Act, 1970.
According to this provision:
• An inventor may file an international patent application in India.
• The application must be submitted to the Controller of Patents.
• The filing date accepted by the Patent Office will be treated as the international filing date under the PCT system.
The PCT system simplifies the process of obtaining patent protection in several countries.
Advantages of PCT Application-
• Single international application
• Simultaneous protection in multiple countries
• Extended time for national patent filings
• International search and examination
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Conclusion
The provisions relating to term of patent, renewal, revocation, and international applications ensure proper functioning of the patent system.
A patent normally lasts 20 years, provided renewal fees are paid regularly. However, if the patent is wrongly granted, lacks novelty, or goes against public interest, it may be revoked by courts or the government.
The Patent Cooperation Treaty (PCT) further facilitates global patent protection by allowing inventors to file a single international patent application for multiple countries.
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MCQs – Term of Patent, Revocation and PCT
1. The term of a patent in India is provided under which section of the Patents Act, 1970?
A. Section 48
B. Section 53
C. Section 64
D. Section 70
Answer: B
2. The duration of a patent in India is:
A. 10 years
B. 15 years
C. 20 years
D. 25 years
Answer: C
3. The 20-year patent term was introduced through:
A. Patent Amendment Act 1999
B. Patent Amendment Act 2002
C. Patent Amendment Act 2005
D. Patent Amendment Act 2010
Answer: B
4. Failure to pay renewal fees results in:
A. Extension of patent
B. Revocation automatically
C. Lapse of patent
D. Transfer of patent
Answer: C
5. Revocation of patent is mainly governed by:
A. Section 48
B. Section 53
C. Section 64
D. Section 70
Answer: C
6. A patent can be revoked if:
A. The invention lacks novelty
B. The patent was obtained fraudulently
C. The invention is not useful
D. All of the above
Answer: D
7. Revocation related to atomic energy is provided under:
A. Section 63
B. Section 65
C. Section 67
D. Section 70
Answer: B
8. The Central Government may revoke a patent in public interest under:
A. Section 64
B. Section 65
C. Section 66
D. Section 70
Answer: C
9. The international patent filing system is governed by the:
A. Paris Convention
B. Patent Cooperation Treaty
C. TRIPS Agreement
D. Madrid Protocol
Answer: B
10. PCT applications in India are recognized under:
A. Section 7(1A)
B. Section 8
C. Section 10
D. Section 15
Answer: A
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FAQs – Patent Term, Revocation and PCT
1. What is the term of a patent in India?
- A patent lasts for 20 years from the date of filing the application under the Patents Act, 1970.
2. Which section provides the duration of a patent?
- Section 53 of the Patents Act, 1970 provides the term of patent.
3. Why must renewal fees be paid for patents?
- Renewal fees must be paid annually to keep the patent in force for the full 20-year period.
4. What happens if renewal fees are not paid?
- The patent lapses and the invention loses legal protection.
5. What is revocation of patent?
- Revocation means cancellation of a granted patent due to legal defects or other grounds.
6. Who can apply for revocation of a patent?
- Revocation may be requested by an interested person, the Central Government, or through counter-claim in court.
7. On what grounds can a patent be revoked?
- Common grounds include lack of novelty, absence of inventive step, fraud, or non-patentable subject matter.
8. What is the Patent Cooperation Treaty (PCT)?
- The Patent Cooperation Treaty is an international treaty that allows inventors to file one patent application for protection in multiple countries.
9. What is the advantage of the PCT system?
- It simplifies international patent filing and provides more time for applicants to seek protection in different countries.
10. Can international patent applications be filed in India?
- Yes, PCT applications can be filed through the Indian Patent Office under the Patents Act, 1970.
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