Revocation of Patent In India
Introduction: Understanding Patent Revocation in India
Patent revocation is a critical mechanism under Indian patent law, allowing the cancellation of rights granted to a patent holder when certain statutory conditions are met. This legal remedy ensures that patents do not hinder innovation, competition, or public interest.
A patent may be revoked through:
- A petition by any interested party
- A petition by the Central Government
- A counterclaim in a patent infringement suit before the High Court
The revocation process maintains a balance between protecting genuine innovations and preventing misuse or monopolization of ideas that do not satisfy patentability requirements.
Legal Basis for Patent Revocation in India
Patent revocation is governed primarily by Sections 64, 66, and 85 of the Indian Patents Act, 1970. A High Court may revoke a patent if it is satisfied that the invention:
- Fails to meet the statutory requirements for patentability
- Has not been worked or made reasonably available to the public
- Was obtained through misrepresentation or concealment of critical information
Notice of any petition for revocation must be served on all registered proprietors and any parties holding an interest in the patent.
Grounds for Patent Revocation
Under Section 64, a patent may be revoked on several grounds, including but not limited to:
- Prior Art Conflict: The invention is already claimed in another patent granted in India with an earlier priority or filing date.
- Lack of Entitlement: The patent was granted to a person not entitled to it.
- Wrongful Acquisition: The patent was wrongfully obtained from a rightful inventor.
- Non-Invention: The claimed invention does not qualify as an invention under Section 2(1)(j).
- Lack of Novelty: The invention is not new in light of prior knowledge or public use.
- Obviousness: The invention is obvious to a person skilled in the art.
- Non-Usefulness: The invention does not operate or provide the intended results.
- Insufficient Disclosure: The patent specification fails to sufficiently describe the invention or best method of working.
- Scope Issues: The claims of the patent are unclear or not fairly based on disclosed material.
- Fraud or Misrepresentation: False statements or concealment in the patent application.
- Traditional Knowledge (TK): The invention is derived from publicly known TK without sufficient innovation.
- Non-Compliance with Foreign Applications: Concealment or misinformation regarding related foreign patent applications under Section 8.
- Secrecy Directions: Non-compliance with government secrecy directions under Section 35.
- Geographical Origin of Biological Material: Incorrect disclosure or omission regarding biological materials.
- Invalid Amendments: Fraudulent amendments under Sections 57 or 58.
These grounds safeguard the patent ecosystem, ensuring that only genuine, innovative, and publicly beneficial inventions are protected.
Revocation in Public Interest: Section 66
Under Section 66, the Central Government may revoke a patent if it is mischievous to the State or prejudicial to public welfare.
Case Study: Jamun Patent Revocation
- Patent: Synergistic Ayurvedic/functional food composition (Jamun, Lavangpatti, Chundun) by Avesthagen Limited
- Issue: Patent claimed antidiabetic properties
- Outcome: Revoked under Section 66 as the combination was derived from Traditional Knowledge and known use in diabetes management.
- Significance: Public interest overrides patent rights where traditional or widely known knowledge is commercialized without genuine innovation.
Revocation for Non-Working: Section 85
Patents may also be revoked if inventions are not worked in India or not reasonably accessible to the public:
- If, two years after the first compulsory license, the invention has not been commercialized in India
- If the public requirement is unmet
- If the invention is not available at a reasonably affordable price
Applications can be made by either the Central Government or any interested party. Decisions are typically concluded within one year.
Strategic Implications for Startups, MSMEs, and International Clients
For startups and MSMEs, understanding patent revocation is essential for:
- IP Due Diligence: Avoiding risks of infringement or invalid patents
- Portfolio Management: Ensuring patents are fully compliant with Indian law
- Strategic Planning: Aligning R&D and commercialization strategies with legal frameworks
For international clients, Indian patent law offers clarity and protection mechanisms, while also allowing revocation where patents do not meet statutory criteria or public interest standards. This creates a transparent IP ecosystem that fosters innovation, collaboration, and cross-border investment.
For more detailed guidance on patent revocation, strategic IP management, and compliance for startups and MSMEs, you may contact us at info@ssrana.com.