Revocation of Patents
A patent can be revoked by a court or the relevant patent office if it is found to have been granted in error or if it is challenged by a third party on the grounds of invalidity or non-compliance with legal requirements.
Examples of grounds for revocation include lack of novelty, lack of inventive step, insufficient disclosure of the invention, and public interest.
- Invalidity: A patent can be revoked if it is found to be invalid or not meeting the patentability requirements, such as lack of novelty or obviousness.
- Non-compliance with regulations: A patent can be revoked if the patentee fails to comply with regulations related to the maintenance or payment of fees.
- Public interest: In certain cases, a patent may be revoked in the public interest, such as if the patented invention poses a health or environmental hazard.
Surrender of Patents
A patentee has the right to surrender their patent at any time by submitting a request to the relevant patent office. This relinquishes their exclusive rights to the invention and terminates the patent.
Surrender may be a preferable option if the patentee no longer wishes to maintain the patent, as it may reduce the financial burden associated with maintenance fees and enforcement.
- Voluntary surrender: A patentee may choose to surrender their patent voluntarily by filing a request to surrender the patent with the relevant patent office.
- Negotiated surrender: A patentee may negotiate with a third party to surrender the patent as part of a settlement or other agreement.
