Patents Act, 1992
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Controller's power to revoke patents on his own initiative. |
60.—(1) If it appears to the Controller that an invention for which a patent has been granted formed part of the state of the art by virtue only of section 11 (3), he may on his own initiative by order revoke the patent, but he shall not do so without giving the proprietor of the patent an opportunity of making any observations and of amending the specification of the patent in accordance with section 38 so as to exclude any matter which formed part of the state of the art as aforesaid. | |
(2) If it appears to the Controller that— | ||
(a) a patent under this Part and a European patent designating the State have been granted for the same invention, and | ||
(b) the applications for both patents have the same date as their date of filing or, where priority was claimed, their date of priority, and | ||
(c) the applications for both patents were filed by the same applicant or his successor in title, | ||
the Controller shall give the proprietor of the patent under this Part an opportunity of making observations and of amending the specification of the patent, and if the proprietor fails to satisfy the Controller that there are not two patents in respect of the same invention, or to amend the specification so as to prevent there being two patents in respect of the same invention, he shall revoke the patent. | ||
(3) The Controller shall not take action under subsection (2) before— | ||
(a) the end of the period for filing an opposition to the European patent designating the State under the European Patent Convention, or | ||
(b) if later, the date on which any opposition proceedings under the Convention are finally disposed of; | ||
and he shall not then take any action if the decision is not to maintain the European patent or if it is amended so that there are not two patents in respect of the same invention. |