@@AshutoshKumar-zj5nd could be from commercial angle where a licencee may provide support documents about licence agreement along with duration - if the patent is surrendered than there is no value of the licence agreement, anybody can use the invention so licencee losses out on market
What can be the possible reasons to oppose surrendering a patent - to be stated in arguements or hearings? woud it be purely be stating the loss incured by person interested or anything else? it wont be related to anticipation, prior arts etc, right?
I don't want to maintain it any more, there is no point paying renewal fees year after year, if you are not able to make profits/money/gain from the invention - the technology may have moved on, the market may not have liked the invention/product - many reasons - could be business related or pure academically.
Never thought about it. To check the status of a patent you can check the legal status of the patents - usually such details are mentioned there. Indian patent database provide you access with the recent forms/documents submitted towards a published application/granted patent.
@@sandippaul468 yes, that could be one way. But you need to actually understand the stand of the opposition, if they had an agreement with the patentee with regards to the exploitation of patents, the case may be a bit complicated.
Very informative and helpful video. Thanks Mr Porwal 🙏
@@saptansumitra please like and share !
What should be the perfect reason as evedince for controller to stop surrendering?
@@AshutoshKumar-zj5nd could be from commercial angle where a licencee may provide support documents about licence agreement along with duration - if the patent is surrendered than there is no value of the licence agreement, anybody can use the invention so licencee losses out on market
What can be the possible reasons to oppose surrendering a patent - to be stated in arguements or hearings? woud it be purely be stating the loss incured by person interested or anything else? it wont be related to anticipation, prior arts etc, right?
I don't want to maintain it any more, there is no point paying renewal fees year after year, if you are not able to make profits/money/gain from the invention - the technology may have moved on, the market may not have liked the invention/product - many reasons - could be business related or pure academically.
Sir any form to be used for surrendering patent..form 30 ?
Whenever there is no specific form for an activity, please use Form 30
Sir, if a patent is surrendered then what it is called withdrawn/revoked/ceased? How can we find a dead patent is because of surrender.
Never thought about it. To check the status of a patent you can check the legal status of the patents - usually such details are mentioned there. Indian patent database provide you access with the recent forms/documents submitted towards a published application/granted patent.
@@AbhayPorwal Thank you Sir
What if surrendering of patent is not allowed, who will pay the renewal?
I would tend to think, nobody can force you to pay the renewal fee, unless, there is patent licence in place which is valid for years to come.
@@AbhayPorwal So in that case if you wanna cease your Patent even after denial of surrender, you would just stop paying renewal fee?
@@sandippaul468 yes, that could be one way. But you need to actually understand the stand of the opposition, if they had an agreement with the patentee with regards to the exploitation of patents, the case may be a bit complicated.
@@AbhayPorwal Then the opposing party might also go for lawsuit?