Section 64 — Revocation of Power patents.
Patents Act, 1970
Revocation of Power patents.—(1) Subject to the provisions contained in this Act, a patent whether granted before or after the commencement of this Act, may, 4[be revoked on a petition of any person interested or of the Central Government 5*** or on a counter-claim in a suit for infringement of the patent by the High Court] on any of the following grounds, that is to say— (a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India; (b) that the patent was granted on the application of a person not entitled under the provisions of this Act to apply therefor: 6* * * * * (c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims; (d) that the subject of any claim of the complete specification is not an invention within the meaning of this Act; (e) that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in India before the priority date of the claim or to what was published in India or elsewhere in any of the documents referred to in section 13: 6* * * * * (f) that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inventive step, having regard to what was publicly known or publicly used in India or what was published in India or elsewhere before the priority date of the claim: 6* * * * * (g) that the invention, so far as claimed in any claim of the complete specification, is not useful;Open in Lexace · Ask the AI about this section
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