Power of patent revocation discretionary u/S 64(1): DHC

The Delhi High Court recently ruled that the power of the Controller of Patents to revoke a patent under Section 64(1) of the Indian Patents Act, 1970 (“Act”) is discretionary and such revocation is not automatic.

The Court said, “….. any violation of the requirement under Section 8 may attract Section 64(1)(m) for revocation of the patent, such revocation is not automatic” adding that the power to revoke a patent under Section 64(1) is discretionary and consequently it is necessary for the Court to consider the question as to whether the omission on the part of the plaintiff was intentional or whether it was a mere clerical and bonafide error.

The Court said “the fact that the word “may” is used in Section 64(1) itself indicates the intention of the legislature that the power conferred thereunder is discretionary. The mere fact that the requirement of furnishing information about the corresponding foreign applications under Section 8(1) is mandatory, in our opinion, is not the determinative factor of the legislative intent of Section 64(1).”

About DSLegal

A full service international law firm based in New Delhi with an office in Chicago, USA.
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