CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents
Meera Tech holds a patent and wishes to give it up. She gives notice to the Controller offering to surrender it. Rohan, a licensee whose name is entered in the register, objects to the surrender. What is the correct position?
Surrender is not automatic. After the offer is published and an interested person opposes, the Controller hears the patentee and any opponent who wishes to be heard. If satisfied that the patent may properly be surrendered, he may accept the offer and revoke the patent by order.
- AThe patent stands surrendered automatically on notice being given
- BThe Controller may accept the offer and revoke the patent only if satisfied, after hearing the patentee and any opponent who wishes to be heard, that it may properly be surrenderedCorrect
- CThe Controller must reject the offer because a registered licensee objects
- DOnly the Central Government can decide on surrender after Rohan's objection
Explanation
Under section 63, the offer is published, interested persons notified, and any person interested may oppose within the prescribed period. The Controller, if satisfied after hearing the patentee and any opponent desirous of being heard, may accept the offer and revoke the patent by order. Surrender is thus not automatic, and an objection is not binding.
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