Section 64 of The Patents Act, 1970, PA : Section 64: Revocation Of Power Patents

Explanation using Example

Imagine a situation where a company named XYZ Corp has patented a new type of energy-efficient light bulb. However, a rival company, ABC Corp, believes that this patent should not have been granted. ABC Corp files a petition to revoke the patent on the grounds of Section 64 of The Patents Act, 1970.

ABC Corp argues that the invention is not new (clause e), as there were already similar energy-efficient light bulbs publicly known and used in India before XYZ Corp filed their patent. They also claim that the patent was obtained wrongfully (clause c), as they believe XYZ Corp had access to their confidential research data.

In response, XYZ Corp has to defend their patent by proving the novelty and legitimacy of their invention to the High Court. If XYZ Corp fails to do so, their patent may be revoked according to this Act.