Overview of Patent Revocation in India
Patent revocation is a legal process through which a granted patent can be challenged and invalidated. Under Section 64 of the Indian Patents Act, any person interested or the Central Government may file for revocation if the patent is found to be wrongly granted. We help you build a strong case to protect your business interests from unfair monopolies or invalid claims.
Grounds for Patent Revocation
- Lack of novelty or inventive step
- Non-patentable subject matter
- Wrongful obtaining of the invention
- Insufficient disclosure in the specification
- Invention already in public domain
- Failure to disclose information or misrepresentation
Who Can File for Revocation?
- Any person interested (including businesses affected by the patent)
- Central Government (in public interest or national security)
- Infringers or third parties affected by patent enforcement
Documents Required
- Copy of the patent to be revoked
- Grounds for revocation with supporting evidence
- Legal authorization (Power of Attorney, if represented)
- Details of the petitioner and interest in the matter
- Any prior art or technical documents cited
Patent Revocation Process
- Step 1: Legal consultation and case assessment
- Step 2: Drafting revocation petition with evidence
- Step 3: Filing before IPAB (now merged into High Court) or High Court
- Step 4: Legal proceedings & arguments by both parties
- Step 5: Final judgment – revocation or upholding of patent
Why Choose Us for Patent Revocation?
- Dedicated IP & patent litigation team
- Strong technical and legal drafting support
- End-to-end assistance from filing to final hearing
- Transparent process and affordable fee structure
- Experience with complex revocation and infringement cases
Post‑Revocation Support
- Monitoring similar patent filings in future
- Filing oppositions against related applications
- Freedom-to-operate (FTO) analysis for your product
- Defense against future IP lawsuits
- Ongoing IP strategy and advisory
Frequently Asked Questions (Patent Revocation)
Q1. Can a patent be revoked after grant?
Yes, a patent can be revoked anytime after grant if valid legal grounds exist under Section 64 of the Patents Act, 1970.
Q2. Where can I file a revocation petition?
Revocation petitions can be filed before the High Court or as a counter-claim in a patent infringement suit.
Q3. What is the time limit to file a revocation?
There is no strict time limit, but it is advisable to file as early as possible upon identifying a problematic patent.
Q4. Can I revoke a patent if I’m being sued for infringement?
Yes, you can file a counterclaim for revocation in the same court where the infringement suit is pending.