In view of the provisions of the Patents Act, 1970, which of the following entities may file a petition…
Under section 64(1) of the Patents Act, 1970, a patent may be revoked "on a petition of any person interested or of the Central Government" by the High Court, or "on a…
Choose your answer
In view of the provisions of the Patents Act, 1970, which of the following entities may file a petition for revocation of a granted patent:
i. Any person
ii. Any interested person
iii. Central Government
iv. State Government
v. Controller of Patents
vi. Defendant in any infringement suit by way of a counter-claim
Answer and explanation
Correct answer C
Under section 64(1) of the Patents Act, 1970, a patent may be revoked "on a petition of any person interested or of the Central Government" by the High Court, or "on a counter-claim in a suit for infringement of the patent by the High Court". The Act does not let any person at all, a State Government or the Controller petition for revocation. The Central Government also has separate powers under sections 65 and 66.
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