Mr. Armaan is the patentee of Patent No. 123456 which relates to a new pharmaceutical composition. He…
An interested licensee may oppose the proposed surrender within the prescribed period. The Controller must allow the patentee and an opponent who wishes to be heard to…
Choose your answer
Mr. Armaan is the patentee of Patent No. 123456 which relates to a new pharmaceutical composition. He requests surrender of his patent under Section 63, which is duly published. One of the licensees, Ms. Mohini, comes across this publication and feels that surrendering the patent would reduce her profits. In this situation, which of the following statements are correct under the Patents Act, 1970?
I. Ms. Mohini, being a person having an interest in the patent, may file a notice of opposition to the surrender within the prescribed period.
II. The Controller must provide both Mr. Armaan and Ms. Mohini an opportunity to be heard before deciding whether to accept the surrender.
III. The patent stands automatically revoked upon Mr. Armaan’s submission of the surrender notice.
IV. The Controller may accept the patentee’s request of surrender after hearing the patentee only.
Answer and explanation
Correct answer A
An interested licensee may oppose the proposed surrender within the prescribed period. The Controller must allow the patentee and an opponent who wishes to be heard to present their positions before accepting surrender. Offering to surrender does not automatically revoke the patent: acceptance and a revocation order are required.
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