Question
Legal Studies Question on Intellectual Property Law
Which of the following is a ground for revocation of patent?
That the patent was obtained wrongfully in contravention of rights of petitioner
That the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India
That the invention, so far as claimed in any claim of the complete specification, is not useful
All of the above
All of the above
Solution
To revoke a patent, the following grounds are valid:
1. If the patent was obtained wrongfully, contravening the rights of a petitioner.
2. If the invention claimed in the patent overlaps with a prior invention that was granted earlier in India.
3. If the invention, as specified in the patent, does not have utility or is non-functional.
Thus, the correct answer is d) All of the above.