Patents Act, 1992

Surrender of patent.

39.—(1) A proprietor of a patent may at any time by written notice given to the Controller offer to surrender his patent.

(2) Where an offer is made under this section, the Controller shall advertise the offer in the prescribed manner and any person interested may, within the prescribed period commencing on the date of the publication of the advertisement, give notice to the Controller of opposition to the proposed surrender.

(3) Where notice of opposition is duly given under this section the Controller shall notify the proprietor of the patent and determine the question.

(4) Subject to subsection (3), if the Controller is satisfied that a patent may properly be surrendered, he may accept the offer.

(5) As from the date when notice of acceptance is published in the Journal the patent shall cease to have effect but no action for infringement shall lie in respect of any act done before that date and no right to compensation shall accrue for any use of the patented invention before that date for the service of the State.