SURRENDER AND REVOCATION OF PATENTSCentral

Section 66 of The Patents Act, 1970

Revocation of patent in public interest.

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.

Summary

Practical examples

1In June 2026, a company named QuickCure obtained a patent for an antiviral drug. However, they kept the drug off the market to artificially drive up prices during a health crisis, which threatened public safety. The Central Government, after holding a hearing with QuickCure, declared the patent cancelled in the official public journal to protect the citizens.

2In October 2026, an engineer named Anil patented a water filtration mechanism. He modified the filters so they intentionally added small amounts of toxins to the public water supply to force people to buy his replacement cartridges. Recognizing the extreme public danger, the Central Government held a hearing and cancelled his patent.

FAQ

1. Can the government cancel a patent under Section 66 of the Patents Act, 1970?

Yes, the Central Government can cancel a patent under Section 66 of the Patents Act, 1970 if it believes the patent or the way it is used is harmful to the country or to the general public.

2. Does the patent owner get a chance to argue their case before a patent is cancelled under Section 66 of the Patents Act, 1970?

Yes, under Section 66 of the Patents Act, 1970, the government must give the patent owner an opportunity to be heard before making any declaration to revoke the patent.

3. How does the government officially cancel a patent under Section 66 of the Indian Patents Act?

The Central Government cancels it by making an official declaration in the Official Gazette under Section 66 of the Patents Act, 1970.

Test yourself

1.Under Section 66 of the Patents Act, 1970, what must the Central Government do before revoking a patent in the public interest?

2.Under Section 66 of the Patents Act, 1970, on what specific grounds can the Central Government declare a patent revoked?

3.What official action must the Central Government take under Section 66 of the Indian Patents Act to make the revocation of a patent legally effective?

4.Under Section 66 of the Patents Act, 1970, who has the authority to form an opinion and declare a patent revoked in the public interest?

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