Revocation in the Public Interest

In one line

The Central Government may have a patent revoked if it relates to atomic energy, and may itself revoke one that is mischievous to the State or generally prejudicial to the public.

In the wording a student can write in an exam: section 65 of the Patents Act, 1970 empowers the Central Government to direct the Controller to revoke a patent for an invention relating to atomic energy for which no patent can be granted under section 20(1) of the Atomic Energy Act, 1962; and section 66 provides that where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette, whereupon the patent shall be deemed to be revoked.

Section 65: atomic energy

Section 65(1). Where at any time after grant the Central Government is satisfied that a patent is for an invention relating to atomic energy for which no patent can be granted under section 20(1) 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.

Section 65(2). In any proceeding under sub-section (1), the Controller may allow the patentee to amend the complete specification in such manner as he considers necessary instead of revoking the patent.

Read it as the enforcement of section 4. Chapter 110 works section 4, which forbids the grant of a patent for an invention relating to atomic energy falling within section 20(1) of the 1962 Act. Section 65 is what happens when one was granted anyway.

Three protections are built in. The direction is the Government's, but the revocation is the Controller's, so there is an adjudicating step. Notice must go to the patentee and to every person on the register with an interest. And amendment is available as an alternative under sub-section (2), which is the sensible answer where only some claims stray into the reserved field.

And the order is appealable. An order of the Controller revoking a patent under section 65 is an order the appeal in section 117A reaches, and chapter 1180 works it.

Section 66: mischievous to the State

The whole provision, in one sentence. Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette, and thereupon the patent shall be deemed to be revoked.