Patents Act, 1992
|
CHAPTER VIII Revocation | ||
|
Application for revocation of patent. |
57.—(1) Subject to the following provisions of this section and section 58 , any person may apply to the Court or the Controller for revocation of a patent. | |
(2) An application for the revocation of a patent on the ground mentioned in section 58 (e) may be made only by a person found by the Court pursuant to section 81 (2) to be entitled to be granted that patent or to be granted a patent for part of the matter covered by the patent, or, in case more than one person is found to be so entitled, by all those persons. | ||
(3) An application under this section may be filed even if the patent has lapsed. | ||
(4) The application for revocation of a patent shall be made in the prescribed manner and it shall not be deemed to have been filed until the fee prescribed in relation to such applications has been paid. | ||
(5) Where proceedings with respect to a patent are pending in the Court under any provision of this Act, no application may be made to the Controller under this section in relation to the patent without the leave of the Court. | ||
(6) Where the Controller has not disposed of an application made to him under this section, the applicant may not apply to the Court under this section in respect of the patent concerned unless either— | ||
(a) the proprietor of the patent agrees that the applicant may so apply, or | ||
(b) the Controller certifies in writing that it appears to him that the question whether the patent should be revoked is one which would more properly be determined by the Court. |