I had recently written about the importance of disclosing status of foreign applications to the Indian Patent Office and how non-compliance can result in revocation of patents under Section 64 (1) (m) of the Patents Act. The Delhi High Court on November 7, 2014 delivered a landmark ruling on Section 8 and clarified that non-compliance would not result in automatic revocation of patent and that the power of revocation under Section 64 (1) (m) was discretionary in nature.
Section 8 of the Patents Act, 1970 casts an obligation upon the applicant of a patent under this Act who is also prosecuting the same or substantially the same invention outside India, to disclose details regarding corresponding foreign applications from time to time. It was based on the suggestions of Ayyangar Committee Report that Section 8 was incorporated into the Patents Act. It was with a view to ensure that the Indian Examiners are in the know of the status of corresponding foreign applications.
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