THE PATENTS RULES, 2003
[As amended by the Patents (2nd Amendment) Rules, 2020]
CHAPTER XI – SURRENDER OF PATENTS
65. Surrender of Patents
- (1) The Controller shall publish the notice of an offer given under section 63.
- (2) Any person interested may, within three months from the date of publication of the notice, give notice of opposition to the Controller in Form 14 in duplicate.
- (3) The procedure specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under section 63 as they apply to the hearing in opposition proceeding.
- (4) If the Controller accepts the patentee’s offer to surrender the patent, he may direct the patentee to return the patent, and on receipt of such patent, the Controller shall by order revoke it and publish the revocation of the patent.