Application for Revocation of a Patent for Non Working (Form 19) (India) by Indian Patent Office
Form 19 under the Patents Rules 2003, used to apply to the Controller for revocation of a patent on the ground of non-working under Section 85 of the Patents Act, 1970.
For fee : See First Schedule
FORM 19
THE PATENTS ACT, 1970
(39 of 1970)
&
The Patents Rules, 2003
APPLICATION FOR REVOCATION OF A PATENT FOR NON WORKING
[See section 85(1); rule 96.]
Name, address and nationality of the applicant(s).
I/We.¹
hereby apply for revocation of Patent No. dated granted to
for which the patentee/applicant for patent is
for the following reason, namely:
²
State the nature of the applicant's interest, the facts on which he relies and the grounds on which the application is made.
Certified copies of all the documents are to be enclosed in duplicate.
Complete address including postal index number/ code and state along with telephone and fax number(s).
To be signed by the applicant(s) or his authorized registered patent agent.
Name of the natural person who has signed.
The details of documentary evidence in support of my/our interest and the reasons stated above are given below : ³
I/We declare that the facts and matters stated herein are true to the best of my/our knowledge, information and belief.
My/Our address for service in India is.⁴
...
Dated this ... day of ... 20
Signature . ⁵ (---) ⁶
To The Controller of Patents, The Patent Office, At ...
Note : (a) For fee : See First Schedule.
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About this template
What is this template?
This document is an official statutory filing used under the Indian Patents Act 1970 and is not a private contract. It specifically addresses the compulsory licensing and revocation regime for patents that are not commercially exploited in the Indian territory.
When should you use it?
Use this form when a patent has been granted for at least three years but the invention is not being produced or sold in India at a reasonable price; use Form 17 instead if only seeking a compulsory license.
Who it's for
- an interested person seeking to revoke an Indian patent for failure to work the invention
- a legal entity challenging a patent that has not been manufactured or used in India for three years
How long it runs and how it's signed
Law it's drafted under
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