Can an Expired Patent Be Revived in India?

Legal Definition and Indian Context India: No express statutory definition of a patent troll However, under Indian jurisprudence: Misuse of patent rights can be challenged under Section 146 (working statement), Section 84 (compulsory licensing), and Section 140 (restrictive license conditions) Defensive strategies include revocation under Section 64, pre-grant/post-grant oppositions, and compulsory licensing Types of Patent Troll Tactics Tactic Explanation Blanket Licensing Threat Letters Sending mass notices alleging infringement, demanding licensing fees Forum Shopping Filing lawsuits in favorable jurisdictions (e.g., Eastern District of Texas in the US) Buying Dormant Patents Acquiring vague, expired, or dormant patents and reviving them Suing SMEs and Startups Targeting weaker players who prefer to settle Asserting Poorly Drafted Patents Using ambiguous language to maximize coverage Key Indian Provisions to Counter Trolls Section Purpose Section 64 Grounds for patent revocation – lack of novelty, inventive step, insufficient disclosure, etc.

Indian patent law permits applicants to change or revoke their patent agent/attorney at any stage of the patent lifecycle, including during prosecution, opposition, or post-grant proceedings.

The Complexity of Section 3(e) Section 3 of the Indian Patents Act, 1970 outlines non-patentable subject matter, and within it, Section 3(e) specifically bars: “a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.”

The Complexity of Section 3(e) Section 3 of the Indian Patents Act, 1970 outlines non-patentable subject matter, and within it, Section 3(e) specifically bars: “a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.”

Key Features of Copyright Duration: In most countries, including the U.S. and India, copyright lasts for the creator’s lifetime plus 60–70 years (depending on jurisdiction).

The patent numbering system in India is a critical component of intellectual property (IP) infrastructure.

To address this, the Indian Patent Office (IPO) provides an Expedited Examination Procedure under Rule 24C of the Patent Rules, 2003 (as amended).

A earns ₹10,00,000 as royalty from a licensed Indian patent.

Choosing the Right IP Protection for Software Software often constitutes both technical innovation and creative expression—but these two elements are governed by distinct legal regimes.