Section 64 of the Patents Act, 1970, is one of those provisions that hold an extremely important position in preserving the Indian patent system. It thereby deals with the revocation of a patent, which is possible when certain conditions are met, and thus only validly obtained and morally acquired patents remain enforceable. This section enables the Central Government and the courts to invalidate patents based on some reasons such as novelty, obviousness, improper claim, and insufficient disclosure. With such defined and detailed grounds for revocation, Section 64 strikes a balance between creativity and public interest and discourages the misuse of rights conferred by patents whilst generating a fair competitive atmosphere.
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Section 64, Patents Act 1970: Revocation of Patents
Section 64 of the Patents Act, 1970 outlines the grounds and procedure for revocation of a patent in India. Revocation can be affected either through petitions by interested parties or by the Central Government and even by counterclaim in infringement suits, thereon outlining what grounds revocation shall be based on.
Key Provisions
Who Can File for Revocation?: Any interested person or the Central Government can file a case for revocation before the Appellate Board or High Court.
A counter-claim can also be made in an infringement action before the High Court.
Grounds for Revocation (Subsection 1)
(a) Prior Claim in Another Patent
An invention claimed in the patent was claimed in a valid earlier patent in India with an earlier priority date.
(b) Lack of Entitlement
The patent was granted to someone who had no right to make an application under the Act.
(c) Wrongful Procurement
The patent was granted contrary to the rights of the petitioner or any connected claimant.
(d) Not-Invention
The subject matter is not an invention within the Act.
(e) Obviousness or Lack of Inventive Step
The invention lacks novelty because the subject matter of the invention was publicly known, used, or published before the date of priority.
(f) Obviousness or Lack of Inventive Step
The invention, by virtue of the prior public knowledge or publication, is obvious or lacks an inventive step.
(g) Absence of Utility
The invention is not useful.
(h) Insufficient Disclosure
The specification does not particularly or adequately describe the invention or disclose the best method of performing it.
(i) Unclear Claims
The claims in the specification are vague or not fairly supported by the subject matter disclosed.
(j) Misleading Representation
It was obtained through false suggestion or representation.
(k) Non-Statutory Subject Matter
The subject matter disclosed is not capable of being patented under the Act.
(l) Secret Use
The invention was secretly used in India before the priority date, with exceptions for certain uses under Subsection (3).
(m) Non-Disclosure or False Information
Failure to disclose required information to the Controller under Section 8, or submission of false information knowingly.
(n) Secrecy Violation
Contravention of secrecy directions under Section 35 or applying for a patent abroad without permission under Section 39.
(o) Fraudulent Amendment
Amendments to the complete specification were obtained fraudulently.
(p) Biological Source Disclosure
Failure to disclose or improper mention of the source or geographical origin of biological material used in the invention.
(q) Anticipation by Indigenous Knowledge
The invention was anticipated by knowledge, oral or otherwise, within any local or indigenous community in India or elsewhere.
Also, Get detailed insights on What are Patents in Intellectual Property Rights
Subsection 2: Specific Conditions for Grounds (e) and (f)
Excluded: Confidential documents, secret experiments, or secret tests are not included.
Process Patents: Importation into India of a product made using a patented process abroad constitutes public use, unless for trial or experimentation.
Subsection 3: Exceptions for Use
Certain uses of the invention do not count as grounds for revocation:
For reasonable trial or experimentation.
By the Government or authorized persons due to disclosure by the applicant.
By others where disclosure occurred without consent or acquiescence.
Also, Give a Read to Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Subsection 4: Revocation by Central Government Petition
The High Court can revoke a patent if the patentee unreasonably fails to comply with a Central Government request for use under reasonable terms for governmental purposes (as per Section 99).
Subsection 5: Notice of Petition
Notices for revocation petitions must be served on all registered proprietors or those with interests in the patent but not on others.
Significance of Section 64 of Patents Act
Section 64 ensures a stringent mechanism to revoke patents that do not meet statutory requirements, protects against wrong kinds of monopolies, and harmonizes the public interest involved. It provides elaborate grounds for revocation and ensures procedural fairness for all the parties.
Get to Know What are the Intellectual Property Rights
Conclusion
Section 64 of the Patents Act, 1970 acts as a safeguard that maintains the sanctity of intellectual property law in India. This allows for the revocation of patents when they fail to meet the requirements of their respective statute or have been wrongfully obtained. It promotes transparency, fairness, and the real advancement of innovation. This provision helps instil a focus on holding standards high when granting patents and ensures that the rights granted through a patent are not compromised to maintain public interest or ethical means. Section 64 finally reasserts the credibility of the patent system in India.
Section 64 of the Patents Act, 1970: FAQs
Q1: What is Section 64 of the Patents Act, 1970?
Section 64 outlines the legal grounds and procedures for the revocation of patents in India, ensuring only valid patents are enforceable.
Q2: Who can petition for the revocation of a patent under Section 64?
Any interested person or the Central Government can petition for revocation, and a counter-claim can be made in infringement suits.
Q3: Under Section 64, what are some of the main reasons that could lead to the revocation of a patent?
Lack of novelty, obviousness, wrongful entitlement to a patent, insufficient disclosure, non-patentable subject matter, and prior secret use.
Q4: Is failure to disclose the origin of biological material a valid ground for the revocation of a patent?
Yes, for instance; non-disclosure or misdeclaration of source or geographical origin of biological material.
Q5: What is the role of the High Court in patent revocation under Section 64?
The High Court can revoke patents either by a counter-claim in infringement suits or on a petition made by the Central Government.
