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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

The Central Government is satisfied that a granted patent held by Veda Energy covers an invention relating to atomic energy for which no patent can be granted under the Atomic Energy Act, 1962. What can the Controller do under the revocation provision for such cases?

On the Government's direction, the Controller must first give notice to the patentee and registered interested persons and hear them, and may then revoke the patent. In such proceedings he may alternatively allow the patentee to amend the complete specification instead of revoking it.

  1. ARevoke the patent immediately without notice
  2. BRevoke the patent after giving notice to the patentee and persons with registered interest and hearing them, or instead allow the patentee to amend the complete specificationCorrect
  3. COnly direct the patentee to surrender the patent
  4. DConvert the patent into a compulsory licence

Explanation

Section 65 lets the Central Government direct the Controller to revoke such a patent; the Controller, after notice to the patentee and every registered interested person and an opportunity of being heard, may revoke it. Under section 65(2) he may instead allow amendment of the complete specification. Revocation without notice is not permitted.

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