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Inactive Patents in India: Expired, Revoked, or Withdrawn

Intepat Blog
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Summary

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  • The article outlines the various ways an Indian patent can become inactive, including expiration, cessation for non-renewal, revocation, withdrawal, and abandonment.
  • Each status has distinct legal implications under the Patents Act, 1970, with specific sections governing restoration and appeal processes.
  • Notably, a patent ceases for non-renewal can be restored within 18 months under Section 60, while revocations depend on different routes with varying appeal rights.
  • Businesses must verify patent statuses using IP India's tools to avoid infringement risks and ensure compliance with strict deadlines.

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