Revocation of Patents for Non Working :

Controller can make an order to revoke a patent for non working if the reasonable requirements of the public are not still met after the grant of compulsory license. According to section 85 of the Patents Act where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence, apply to the Controller for an order revoking the patent on the ground that the patented invention has not been worked in the territory of India or that reasonable requirements of the public with respect to the patented invention has not been satisfied or that the patented invention is not available to the public at a reasonably affordable price.

Section 65 deals with revocation of patent and amendment of complete specification on directions of the Government in cases relating to atomic energy. Section 65 as amended by Patents (Amendment) Act, 2005 provides that where at any time after grant of a patent, the Central Government is satisfied that a patent is for an invention relating to atomic energy for which no patent can be granted under sub-section (1) of section 20 of the Atomic Energy Act, 1962, it may direct the Controller to revoke the patent, and thereupon the Controller, after giving notice, to the patentee and every other person whose name has been entered in the register as having an interest in the patent, and after giving them an opportunity of being heard, may revoke the patent. Sub-section 2 empowers the Controller may allow the patentee to amend the complete specification in such manner as he considers necessary instead of revoking the patent.

Under Rule 87 of the Patents Rules, 1970 the Controller is required to publish the notice of an offer given under section 63. Any person interested may, within three months from the date of publication of the notice, give notice of opposition to the Controller in Form 14 in duplicate. The procedure specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under section 63 as they apply to the hearing in opposition proceeding. If the Controller accepts the patentee’s offer to surrender the patent, he may direct the patentee to return the patent, and on receipt of such patent, the Controller shall by order revoke it and publish the revocation of the patent.