Section 64 – THE PATENTS ACT, 1970

—(1) Subject to the provisions contained in this
Act, a patent, whether granted before or after the commencement of this Act, may, be
revoked on a petition of any person interested or of the Central Government by the
Appellate Board or on a counter-claim in a suit for infringement of the patent by the High
Court on any of the following grounds, that is to say—
(a) that the invention, so far as claimed in any claim of the complete
specification, was claimed in a valid claim of earlier priority date
contained in the complete specification of another patent granted in India;
(b) that the patent was granted on the application of a person not
entitled under the provisions of this Act to apply therefor:
(c) that the patent was obtained wrongfully in contravention of the rights of the
petitioner or any person under or through whom he claims;
(d) that the subject of any claim of the complete specification is not an invention within
the meaning of this Act;
(e) that the invention so far as claimed in any claim of the complete specification is not
new, having regard to what was publicly known or publicly used in India before the
priority date of the claim or to what was published in India or elsewhere in any of
the, documents referred to in section 13:
(f) that the invention so far as claimed in any claim of the complete specification is
obvious or does not involve any inventive step, having regard to what was publicly
known or publicly used in India or what was published in India or elsewhere before
the priority date of the claim:
(g) that the invention, so far as claimed in any claim of the complete specification, is not
useful;
(h) that the complete specification does not sufficiently and fairly describe the invention
and the method by which it is to be performed, that is to say, that the description of
the method or the instructions for the working of the invention as contained in the
complete specification are not by themselves sufficient to enable a person in India
possessing average skill in, and average knowledge of, the art to which the invention
relates, to work the invention, or that it does not disclose the best method of
performing it which was known to the applicant for the patent and for which he was
entitled to claim protection;
(i) that the scope of any claim of the complete specification is not sufficiently and
clearly defined or that any claim of the complete specification is not fairly based on
the 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 under
this Act;
(l) that the invention so far as claimed in any claim of the complete specification was
secretly used in India, otherwise than as mentioned in sub-section (3), before the
priority date of the claim;
(m) that the applicant for the patent has failed to disclose to the Controller the
information required by section 8 or has furnished information which in any
material particular was false to his knowledge;
(n) that the applicant contravened any direction for secrecy passed under section 35 or
made or caused to be made an application for the grant of a patent outside India in
contravention of section 39;
(o) that leave to amend the complete specification under section 57 or section 58 was
obtained by fraud.
(p) that the complete specification does not disclose or wrongly mentions the source or
geographical origin of biological material used for the invention;
(q) that the invention so far as claimed in any claim of the complete specification was
anticipated having regard to the knowledge, oral or otherwise, available within any
local 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 described
or claimed, the importation into India of the product made abroad by that process
shall constitute knowledge or use in India of the invention on the date of the
importation, except where such importation has been for the purpose of
reasonable trial or experiment only.
(3) For the purpose of clause (1) of sub-section (1), no account shall be taken of any use of the
invention—
(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 a
Government undertaking, in consequence of the applicant for the patent or
any person from whom he derives title having communicated or disclosed
the invention directly or indirectly to the Government or person authorised
as aforesaid or to the Government undertaking; or
(c) by any other person, in consequence of the applicant for the patent or any
person from whom he derives title having communicated or disclosed the
invention, and without the consent or acquiescence of the applicant or of any
person from whom he derives title.
(4) Without prejudice to the provisions contained in sub-section (1), a patent may be
revoked by the High Court on the petition of the Central Government, if the High Court is
satisfied that the patentee has without reasonable cause failed to comply with the
request of the Central Government to make, use or exercise the patented invention for
the 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 all
persons appearing from the register to be proprietors of that patent or to have shares or
interests therein and it shall not be necessary to serve a notice on any other person.