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Apart from product certification, BIS is responsible for framing Indian Standards, conducting laboratory testing, and ensuring consumer protection.

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Some items must be certified before they get released mysteriously made for select goods like cables, switches, cement, gas cylinders, etc.

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It ensures electronic products conform to Indian Standards (IS).Covers 70+ products including laptops, phones, adapters, TVs, and batteries.

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Hallmarking Certification is mandatory in India for gold and silver jewellery.The BIS 916 Hallmark confirms 22K gold purity.Silver Hallmarking is compulsory for certain grades like BIS 925.

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FMCS Mark Certification is a BIS-led approval process that enables foreign manufacturers to sell regulated products in the Indian market.

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It helps manufacturers build trust and create a compliance framework. It also markets to eco-conscious consumers.This guide will detail eligibility, provide information on the application procedure, and outline benefits of certification to ISO 14024.

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It is governed by NABL under the Quality Council of India (QCI).Accreditation enhances trust among regulators, industries, and global partners.

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The World Manufacturer Identity (WMI) is a globally recognized code used to identify vehicle manufacturers. WMI registration ensures traceability, compliance, and global brand recognition for automotive makers.

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BIS Scheme X Certification - Process, Documentation and Fees Structure- Updated Guide 2025-2026

Stay ahead of regulatory changes with BIS Scheme X Certification. Now extended to September 1, 2026, under the omnibus technical regulation order 2024. Get complete certification support from Diligence Certification.

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Get expert guidance on Medical Device Registration in India. Learn CDSCO approval process, documents, fees & compliance for manufacturers and importers.

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Secure your CPCB Certification with ease and align your business with environmental regulations and sustainable practices. Our expert team streamlines the application process, offering tailored guidance to meet your unique EPR compliance requirements.

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E-waste has become one of the most serious problems of the modern world, as technology is changing very fast. Discarded electronics items such as smartphones and refrigerators contain very toxic elements hazardous to human health and the environment if not treated properly.

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Tyre wastage is an increasing global problem. It threatens to engulf the world in a sea of rubber with disastrous consequences for the environment and human health.

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Diligence Certifications help businesses go a long way in environmental compliance matters through their management of plastic waste compliance. It rallies your commitment to reducing environmental impacts, increasing your recycling, driving circular economies and, hence, building credibility with consumers as citizens of a wider world contending against plastic pollution with angels and regulators.

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Patent Revocation: Meaning, Process, and Legal Insights

  • Patent revocation is a legal process that cancels a granted patent when it fails to meet statutory requirements.
  • Indian Patent Act allows revocation on grounds such as lack of novelty, insufficient disclosure, fraud, or public interest.
  • Revocation may be initiated by any interested person, the Central Government, or as a counterclaim in infringement suits.
  • Businesses use patent revocation to prevent wrongful monopolies that harm innovation and competition.
  • Professional legal guidance ensures correct procedure, documentation, and defence strategy during revocation proceedings.

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Introduction

What is Patent Revocation?

Process

Conclusion

Introduction

A few years ago, a Bangalore-based electronics manufacturer contacted our advisory team. Their R&D engineers had designed a new energy-efficient circuit, but soon after launching the product, a competitor issued a legal notice claiming patent infringement.

Once we examined the competitor’s patent, the truth surfaced — the “invention” was already known in the global domain several years earlier. It should have never been granted. We stepped in, filed a patent revocation request, and the monopoly ended.

Stories like these happen frequently — and every invalid patent left unchecked becomes a barrier to innovation, business expansion, and consumer choice.

This page explains everything you must know about patent revocation in India, who can apply, legal grounds, timelines, and the role of specialists in securing your rights.

What is Patent Revocation?

Patent revocation is a legal remedy used when a granted patent should not have been approved in the first place. If you believe that an invention has been wrongfully patented, or the rights were obtained through misleading means, you can challenge the validity of the patent before the competent authority.

In India, patent revocation can be initiated:

  • Before the High Court as a counterclaim in a patent infringement suit
  • Through proceedings permitted under the Indian Patents Act, 1970

Earlier, such matters were handled by the Intellectual Property Appellate Board (IPAB), but now the jurisdiction lies with designated courts for better judicial oversight.

A revocation action may be filed by any aggrieved or interested party, including businesses and individuals, who suffer or may suffer harm due to the existence of the patent.

What Does Patent Revocation Mean in India?

In India, patent revocation is the process of removing patent rights that were previously granted in accordance with the Indian Patents Act, 1970. Patent revocation is the official termination of the exclusive rights of a patent holder when a patent is determined to be invalid or improperly granted.

Any interested party, such as a competitor, industrial actor, researcher, or business who is affected by the patent, can file for revocation by substantiating valid legal grounds and presenting evidence in support of these legal grounds. The Central Government can also file for revocation in cases in which an invention is patented but has implications for public interest or national needs.

The law gives the Government the ability to approach the High Court when:

The patent holder refuses on unreasonable grounds to allow the Government to use the patented invention on terms that are reasonable and just.

If the High Court is satisfied that the patent holder is indeed refusing to allow access on reasonable and just terms and that, as a result, public welfare, be in the field of healthcare, national defense, or energy, is endangered, the patent could be revoked completely. Subsequent to any revocation of a patent, the invention can be utilized publicly and there will be no monopoly hindering any other possible alternative for use in the same market or space.

Other Provisions for Patent Revocation

Patent law in India is structured to ensure that no monopoly continues if it harms innovation, public welfare, or national interests. Apart from the standard revocation grounds under Section 64 of the Patents Act, several additional provisions allow the Government or any eligible party to challenge and revoke a granted patent.

These provisions exist to uphold fairness, ethical innovation, and India’s national security priorities.

Section 65 – Revocation for Atomic Energy-Related Inventions

India maintains strict safeguards over critical national technologies. Under Section 65, if the Central Government determines that a granted patent relates to atomic energy or involves any application that may threaten national security:

The Government has the power to revoke the patent entirely.

The Indian legal framework clearly prohibits granting exclusive commercial rights over inventions concerning atomic energy. Large industrial companies and research organisations are often screened under this provision to prevent misuse of strategic technology.

Section 66 – Revocation in Public Interest

Patent rights are exclusive, but not absolute. Section 66 ensures the Government can intervene if:

  • The patented invention
     • Or the manner in which rights are exercised

is considered mischievous to the public or prejudicial to the State.

However, the law mandates natural justice:

The patent holder must be heard and given a fair opportunity to justify the commercial use of their invention before any cancellation order is passed.

This section is typically invoked when a patent is used to create unfair pricing, artificial scarcity, or exploitation impacting healthcare, agriculture, energy or essential commodities.

Section 85 – Revocation for Non-Working of Patent

Patents must serve society — not sit unused in portfolios. Under Section 85, if:

✔ A patent has already been issued a compulsory licence
 ✔ Yet is still not being worked or commercially used in India

an interested party or the Government may request its revocation by the Controller.

This ensures that holders of critical technology — especially foreign entities — cannot hinder the development of Indian markets by refusing to manufacture locally or blocking competition.

Grounds for Patent Revocation in India

(Section 64 – Patents Act, 1970)

A granted patent may be revoked if ANY of the following legal grounds are established:

  • Lack of novelty — The invention was already known through public use or prior publication
  • Wrongful ownership — The applicant was not the rightful inventor or legal successor
  • No inventive step — Obvious to a skilled professional in the field
  • No industrial applicability — The invention cannot be made or used in an industry
  • Prior claiming — Identical claims in an earlier patent with a stronger priority date
  • Insufficient or incorrect disclosure — The complete specification does not enable execution of the invention
  • False or misleading information — Particularly regarding compliance with Section 8
  • Violation of secrecy provisions under Section 35 related to sensitive technologies
  • Fraudulent amendment — Gaining advantage through misrepresentation during specification modification
  • Non-disclosure of biological material source or geography
  • Based on traditional knowledge — Already known to indigenous communities inside or outside India

Procedure for Patent Revocation in India

The process of patent revocation in India follows a structured legal framework under the Patents Act, 1970. The steps below outline how a patent can be challenged and cancelled before a High Court:

1. Identifying the Grounds for Revocation

The applicant must first determine the correct legal grounds for seeking revocation such as lack of novelty, obviousness, wrongful acquisition, or non-working of the patented invention.

2. Preparing and Filing the Revocation Petition

An interested party, competitor, licence holder, or even the Central Government may file a revocation petition before the jurisdictional High Court. It must clearly state the legal grounds supported by statutory citations.

3. Submission of Supporting Evidence

The claimant must produce evidence including prior art references, expert opinions, research reports, or any material demonstrating invalidity of the granted patent.

4. Judicial Examination of Petition

The Court examines submissions from both parties. Technical inputs, documentary evidence, witness testimony, and patent specifications are closely reviewed to assess compliance with patentability criteria.

5. Counterclaims and Defence by Patentee

The patent holder is granted the opportunity to defend the invention by producing counterarguments, amendments or technical clarifications to maintain the validity of the patent.

6. Hearing and Final Decision

After hearing all arguments and reviewing the evidence, the Court may order:
 • Revocation of the patent
 • Amendment of patent claims
 • Confirmation of validity

The decision is based on legal compliance and wider industrial impact.

7. Appeals

Any party aggrieved by the High Court’s decision may approach the Supreme Court to ensure procedural fairness and protection of intellectual property rights.

Who Can File a Patent Revocation Application?

Under Section 64 of the Patents Act, 1970, applications for revocation can be filed by:

  • Any interested person or entity
  • The Central Government
  • A defendant raising a counterclaim in a patent infringement suit

This ensures the public and the Government have equal power to prevent unfair monopolies over unqualified patents.

Why Choose Diligence Certifications for Patent Revocation?

Organisations often need strong legal support when challenging a patent. Diligence certifications offers:

✔ 10+ Years of Expertise
 Experienced lawyers successfully handling complex IP litigation.

✔ 1500+ Satisfied Clients Across India
 Trusted by both Indian and global businesses.

✔ Strategic Legal Advisory
 Comprehensive planning to strengthen revocation claims.

✔ Complete Documentation Support
 Drafting, filing, legal correspondence, and compliance handled end-to-end.

✔ Thorough Patent Evaluation & Audit
 Expert review of specifications, prosecution history and prior art.

✔ Transparent Processes
 Clear communication and fair representation of facts.

✔ Seamless Legal Proceedings
 Coordinated workflow with High Courts and the Patent Office.

✔ Tech-Driven Solutions
 Efficient research and data analytics for stronger petitions.

✔ Post-Revocation Monitoring
 Protection against future conflicting filings.

✔ Fast & Diligent Legal Action
 Timely filings and proactive follow-ups to avoid delays.

✔ Strong Professional Network
 Patent agents, IP attorneys and technical specialists on board.

✔ 24/7 Client Assistance
 Prompt support throughout the legal cycle.

Conclusion

Patent revocation serves a vital role to safeguard honest innovators from abusive monopolies, issuing in challenges to patents that lack novelty, contravene statutory requirements, or otherwise seek to inhibit free-market competition. While patent revocation is an option for organisations confronting patent enforcement threats, it is not just a defensive tactic — it is a smart strategy for protecting commercial freedom.

If you are facing a dubious patent or an infringement notice, our legal experts can guide you in your evidence-based case, including High Court representation, and provide overall procedural guidance. Speak with our team to secure your innovative future, with the correct patent revocation strategy to support your needs.

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Frequently Asked Questions

The legal termination of patent rights previously granted.

Any interested individual, the Central Government, or a defendant in an infringement case.

Section 64 of the Patents Act, 1970.

Lack of novelty, obviousness, fraud, non-working and wrongfully obtained invention.

Before the High Court having jurisdiction.

1 to 3 years depending on the matter and proceedings of the court.

Yes, it can be filed as a counterclaim in a infringement case.

The patent no longer exists and will become free for anyone to use.

Yes, decisions made can be appealed to a higher court.

Definitely, due to complicated nature of patent law, and proof of technical support.

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