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Did anyone have the invention wrongfully obtained? If you want to protect your invention, file a patent revocation under the Intellectual Property Appellate Board (IPAB), or you can file as a counterclaim in a suit for infringement at the High Court. At Corpbiz, we assist you with Patent revocation through our network of legal experts.
A revocation of a patent application is a legal action undertaken by an external party, including individuals or an organization, challenging the validity and continuation of a granted patent. The patent revocation process is based upon specific criteria established by the Patent law.
The primary objective behind the patent revocation is to reevaluate and possibly invalidate a patent if it is determined that the patentee’s claims are unjustified or if the patent rights are secured through fraudulent or non-compliant methods.
The patent is cancelled or revoked by either a court of law or by the patent office of the concerned jurisdiction. Typically, in the case of revocation, the patentee would lose their rights associated with the patent, and accordingly, the protection of the invention is removed. Get help from expert professionals from Corpbiz for your end-to-end matters related to Patent rights.
A patent revocation in India means a cancellation of patent rights granted to a person under the patent law. It is a legal action of taking back the rights that have been previously granted. Any interested party may file an appropriate revocation of patent application along with the relevant ground as per the Patent law, or the Central Government may do so as well.
A Central Government may file a petition to the High Court of the concerned jurisdiction once the High Court is satisfied that the patent holder has, without cause, failed to fulfil the request of the Central Government to make use of the patented invention upon reasonable terms and conditions of the government.
The list of other provisions for the revocation of patents is as follows:
According to this section, the Central Government may revoke the patent upon the evidence gathered that if it is found that the invention covered by a patent has something to do with the atomic energy. Overall, the Central Government of India does not permit a grant of a patent to an invention related to atomic energy.
As per Section 66 of the Patent Act 1970, where the Central Government believes that a patent or the way it is connected rights are exercised is damaging to the general public or the State, then such a patent should be revoked or cancelled. However, the patent holder should be given a fair chance to be heard on his point, and accordingly, the decision will be made based on the circumstances after the patent holder is given a fair opportunity to respond.
According to section 85 of the Patent Act of 1970, any interested party or the government may submit an application to the Controller for the revocation of the patent if the patent is not used properly as per the law and for which a compulsory license has been issued. However, the petition for patent revocation under this ground has to be filed within two years of the compulsory license being granted.
The list of grounds for revocation of patents in India is given under Section 64 of the Patent Act, 1970:
The mentioned below gives you a glimpse of understanding more about patent revocation or how patents are revoked in India:
During Patent Infringement: The patent revocation can also be raised during patent infringement cases as a way of using such a defence to allege the patent to be invalid.
The legal framework for the revocation of patents is as follows:
The step-by-step procedure for Patent Revocation in India is mentioned below-
Identify Grounds for Revocation
Firstly, the applicant needs to determine and establish the ground for a revocation under the Patent Act 1970. Such as absence of novelty, fraud, non-working.
Prepare and Submit Petition
Prepare the petition for revocation and submit the same to the concerned High Court by an interested party, competitor, or the central government on grounds of law.
Provide Supporting Evidence
Followed by providing supporting evidence such as references to the prior art, expert testaments or technical information
Examining Revocation of Petitions
This is the stage where the court will examine the petition, considering technical reports, existing art, expert witness statements, and arguments of law to ascertain patent validity. Also, support from the experts can be obtained in order to guarantee adherence to patentability standards.
Responding to Counterclaims
In this stage, the owner of the patent may send counterarguments or modifications for the purpose of defending the patent.
Hearing and decision
On the basis of the argument submitted by the parties involved in the dispute, the court will accordingly consider the evidence to rule on revoking, amending, or affirming the patent. This final decision will depend upon the relevant law, technical grounds, and potential impact on the industry.
Legal Proceedings and Appeals
Additionally, either side of the party has an opportunity to make an appeal to the concerned High Courts or the superior court Supreme Court if there arises an unfavourable ruling. This step will provide room for reconsidering of evidence to ensure procedural fairness and thus safeguard intellectual property rights.
According to Section 64 of the Patent Act of 1970, the following people and entities can file a revocation of patents application:
Our legal experts bring over a decade of extensive experience in handling complex patent litigation and revocation matters across various industries.
Our client database comprises over 1500+ individuals and entities PAN India. We have proved our mettle in the space of legal advisory and IP consulting.
We provide professional legal consulting services to help clients navigate the intricate process of patent revocation with a well-planned strategy.
Our team assists in preparing and managing all required documents for filing a strong patent revocation petition before the appropriate authority.
We offer detailed legal analysis and expert evaluation to assess the validity of a granted patent and ensure compliance with patent laws.
We ensure a transparent legal process and maintain authenticity in presenting facts and evidence to strengthen your revocation claim.
We manage the entire legal workflow, ensuring smooth coordination with tribunals or the Patent Office and minimizing procedural delays.
Our advanced legal tech tools assist in evidence gathering, patent data analysis, and legal research for efficient revocation filing.
We offer continued support even after revocation, including monitoring future patent filings and protecting your IP interests.
Our experienced legal team works diligently to ensure timely filing and proactive follow-up, facilitating a quicker resolution of revocation cases.
We maintain professional ties with IP attorneys, patent agents, and legal experts to bolster the success of your revocation process.
We provide round-the-clock support to address client queries and offer immediate assistance throughout the revocation process.
Have a look at the answers to the most asked questions.
Written by Aarya Pokharel. Last updated on Nov 11 2025, 09:46 PM
Aarya Pokharel brings 3 years of solid experience in legal research and compliance. Her expertise spans tax filing, secretarial compliances, and advisory services, with a strong focus on delivering precise legal research and strategic advisory support.
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