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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting Form-16 under the Patents Act, 1970:
Purpose and Usage:
Form-16 is employed under the Patents Act, 1970, for the filing of a request for the revocation of a patent on the grounds of non-working. This form allows any person interested to file a request to the Controller of Patents, seeking the revocation of a patent if it has not been worked in the territory of India or if there has been insufficient working.
Key Drafting Considerations:
Details of the Revocation Seeker:
Clearly provide the full legal name, address, and relevant details of the person filing the request for revocation.
Patent Details:
Include accurate information about the patent, such as the patent number, date, and details of non-working.
Grounds for Revocation:
Clearly specify and articulate the grounds for seeking revocation, emphasizing non-working or insufficient working in the territory.
Evidence of Non-Working:
Attach supporting documents, if any, that provide evidence of the patent not being worked in the territory of India.
Notarization and Signatures:
Ensure the form is properly notarized for legal validity. Include the signatures of the revocation seeker or an authorized representative.
Common Mistakes to Avoid:
Incomplete or Incorrect Information:
Provide accurate and comprehensive details to avoid delays and potential rejection of the revocation request.
Vague Grounds for Revocation:
Clearly articulate and specify the grounds for revocation, focusing on non-working or insufficient working as per the Patents Act.
Lack of Supporting Evidence:
Include any relevant documents or evidence that substantiate the claims of non-working or insufficient working.
Incorrect Notarization:
Ensure the form is notarized correctly, as any discrepancies in notarization may impact the legal validity of the revocation request.
Non-compliance with Legal Requirements:
Adhere to the specific legal requirements and regulations related to Form-16 under the Patents Act, 1970, for a valid and effective revocation request.
Drafting Form-16 necessitates a clear presentation of the grounds and evidence for seeking the revocation of a patent. Adhering to these guidelines ensures a well-drafted document that facilitates the revocation process, minimizing potential legal complications or disputes in patent matters.