Under Section 64 Patents Act 1970, REVOCATION of a granted patent may be sought by:
Answer & Solution
Correct answer: A.
1. Section 64(1) Patents Act 1970 enables revocation of a patent on petition by any 'person interested' OR by Central Government, OR on counter-claim in a suit for infringement of the patent.
2. Originally Section 64 vested jurisdiction in the High Court; the Tribunals Reforms Act 2021 abolished the IPAB and revocation jurisdiction reverted to the High Court (Patents Rules amended accordingly).
3. Grounds (sixteen): not invention per Sec 3; wrongfully obtained; granted in contravention of any provision; insufficient description; not novelty/non-obviousness; not industrial application; subject excluded; failure to comply with secrecy directions; non-working; failure to disclose source of biological material; etc.
4. Hence option B is correct (current position post-2021 reform).
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 64; Tribunals Reforms Act 2021 (abolished IPAB)_
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