Section 64 – THE PATENTS ACT, 1970
Revocation of patents —(1) Subject to the provisions contained in thisAct, a patent, whether granted before or after the commencement of this Act, may, berevoked on a petition of any person interested or of the Central Government by theAppellate Board or on a counter-claim in a suit for infringement of the patent by the HighCourt on any of the following grounds, that is to say—(a) that the invention, so far as claimed in any claim of the completespecification, was claimed in a valid claim of earlier priority datecontained in the complete specification of another patent granted in India;(b) that the patent was granted on the application of a person notentitled under the provisions of this Act to apply therefor:(c) that the patent was obtained wrongfully in contravention of the rights of thepetitioner or any person under or through whom he claims;(d) that the subject of any claim of the complete specification is not an invention withinthe meaning of this Act;(e) that the invention so far as claimed in any claim of the complete specification is notnew, having regard to what was publicly known or publicly used in India before thepriority date of the claim or to what was published in India or elsewhere in any ofthe, documents referred to in section 13:(f) that the invention so far as claimed in any claim of the complete specification isobvious or does not involve any inventive step, having regard to what was publiclyknown or publicly used in India or what was published in India or elsewhere beforethe priority date of the claim:(g) that the invention, so far as claimed in any claim of the complete specification, is notuseful;(h) that the complete specification does not sufficiently and fairly describe the inventionand the method by which it is to be performed, that is to say, that the description ofthe method or the instructions for the working of the invention as contained in thecomplete specification are not by themselves sufficient to enable a person in Indiapossessing average skill in, and average knowledge of, the art to which the inventionrelates, to work the invention, or that it does not disclose the best method ofperforming it which was known to the applicant for the patent and for which he wasentitled to claim protection;(i) that the scope of any claim of the complete specification is not sufficiently andclearly defined or that any claim of the complete specification is not fairly based onthe matter disclosed in the specification;(j) that the patent was obtained on a false suggestion or representation;(k) that the subject of any claim of the complete specification is not patentable underthis Act;(l) that the invention so far as claimed in any claim of the complete specification wassecretly used in India, otherwise than as mentioned in sub-section (3), before thepriority date of the claim;(m) that the applicant for the patent has failed to disclose to the Controller theinformation required by section 8 or has furnished information which in anymaterial particular was false to his knowledge;(n) that the applicant contravened any direction for secrecy passed under section 35 ormade or caused to be made an application for the grant of a patent outside India incontravention of section 39;(o) that leave to amend the complete specification under section 57 or section 58 wasobtained by fraud.(p) that the complete specification does not disclose or wrongly mentions the source orgeographical origin of biological material used for the invention;(q) that the invention so far as claimed in any claim of the complete specification wasanticipated having regard to the knowledge, oral or otherwise, available within anylocal or indigenous community in India or elsewhere.(2) For the purposes of clauses (e) and (f) of sub-section (1)—,(a) no account shall be taken of personal document or secret trial or secret use; and(b) where the patent is for a process or for a product as made by a process describedor claimed, the importation into India of the product made abroad by that processshall constitute knowledge or use in India of the invention on the date of theimportation, except where such importation has been for the purpose ofreasonable trial or experiment only.(3) For the purpose of clause (1) of sub-section (1), no account shall be taken of any use of theinvention—(a) for the purpose of reasonable trial or experiment only; or(b) by the Government or by any person authorised by the Government or by aGovernment undertaking, in consequence of the applicant for the patent orany person from whom he derives title having communicated or disclosedthe invention directly or indirectly to the Government or person authorisedas aforesaid or to the Government undertaking; or(c) by any other person, in consequence of the applicant for the patent or anyperson from whom he derives title having communicated or disclosed theinvention, and without the consent or acquiescence of the applicant or of anyperson from whom he derives title.(4) Without prejudice to the provisions contained in sub-section (1), a patent may berevoked by the High Court on the petition of the Central Government, if the High Court issatisfied that the patentee has without reasonable cause failed to comply with therequest of the Central Government to make, use or exercise the patented invention forthe purposes of Government within the meaning of section 99 upon reasonable terms.(5) A notice of any petition for revocation of a patent under this section shall be served on allpersons appearing from the register to be proprietors of that patent or to have shares orinterests therein and it shall not be necessary to serve a notice on any other person. 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