Editor's pickStartup · Business Registration
Patent Revocation / Invalidity Proceedings in India
Protect your business against infringement claims. We file patent revocation petitions and invalidity counterclaims under Section 64 of the Patents Act.
Turnaround
7–14 Days
₹
Starts from
₹17,299
Money-back accuracy
Guaranteed
Total starting from
₹17,299
Professional + estimated government fee
Professional fee₹17,299 starts with
Government fee (est.)₹2,400 / ₹6,000 / ₹12,000
Turnaround7–14 Days
Money-back accuracy. CA/CS specialist. Tracked client portal.
WhatsAppCONFIRMEDverified 25 Aug 2026
Dedicated specialist
CA-led, named point of contact
Tracked client portal
Real-time status, end-to-end
Money-back accuracy
Refile-free if our error
Flat-fee pricing
No hidden charges, ever
About this service
Patent Registration grants exclusive territorial monopoly rights over an invention for 20 years from the date of filing under The Patents Act, 1970. It prevents third parties from making, using, offering for sale, selling, or importing the patented technology without legal authorization from the patentee.
Eligibility & thresholds
Minimum
- Valid identity & address proof of applicant
- Active PAN & registered business premises
- Authorized representative authorization
Maximum
- Compliant under applicable regulatory laws
- No pending statutory disqualifications
- Valid across authorized operational jurisdictions
Statutory floor
- Pre-filing statutory documentation verification
- Official statutory fee schedule as per authority
- Mandatory periodic compliance filings post-approval
What's included
Everything in one transparent fee — no add-ons, no surprises.
Documentation Review & Drafting
Our legal experts review applicant credentials, draft statutory forms, and prepare required declarations.
Official Portal Filing
Direct electronic submission on the competent regulatory portal with statutory receipt generation.
Application Tracking & Liaison
End-to-end monitoring of department scrutiny, status updates, and milestone alerts.
Specialist CA/CS Scrutiny
Every application is thoroughly audited by qualified corporate compliance professionals before filing.
Clarification & Query Handling
Prompt preparation and submission of replies to department queries or clarification requests.
Final Registration & Certificate Delivery
Official digital certificate issuance with post-approval compliance guidance.
Government Fee Breakdown
Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.
| Fee Component | Amount (₹) | Basis / Authority |
|---|---|---|
| Patent Revocation / Invalidity Proceedings in India Statutory Fee | ₹2,400 / ₹6,000 / ₹12,000 | Official government fee schedule (separate from professional fee)Statutory Authority |
| Total Government Fee | ₹2,400 / ₹6,000 / ₹12,000 | (for default assumptions stated below) |
Government charges only — separate from I-Pro's professional fee. Verified 25 August 2026.
Required documents
Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.
- ›**Revocation petition** (for s.64) — drafted and filed before the High Court as a civil suit, with: — **Revocation petition** (for s.64) — drafted and filed before the High Court as a civil suit, with: the patent number, the patentee's name and address, the plaintiff's name and **interest** (especially the plaintiff's status as a "person interested" — same standard as s.25(2)), the 16 grounds under s.64(1) with paragraph-wise particulars, the prior-art references (with publication dates, applicants, IPC classes), the evidence in support (expert affidavits, technical analysis, certified copies of prior-art documents), and the relief sought (revoke the patent in full or in part, with costs).
- ›**Court fee** — the court fee for the revocation petition is **ad valorem or nominal** depending on — **Court fee** — the court fee for the revocation petition is **ad valorem or nominal** depending on the State (typically nominal — patents are valued at ₹100-₹500 for the purposes of court fee in revocation petitions, and the court fee is fixed at ₹200-₹500 in most States; for a counterclaim in an infringement suit, the court fee is the same as for the infringement suit). PROFESSIONAL VERIFICATION REQUIRED for the specific State's court fee schedule.
- ›**Vakalatnama / Memo of Appearance** — authorising the advocate to represent the plaintiff before th — **Vakalatnama / Memo of Appearance** — authorising the advocate to represent the plaintiff before the High Court (separate from the Power of Attorney under Form 26 of the Patents Rules 2003 — Vakalatnama is the High Court's prescribed authorisation).
- ›**Prior-art documents** — certified copies of the prior-art references (Form 6 — ₹400 / ₹1,000 / ₹2, — **Prior-art documents** — certified copies of the prior-art references (Form 6 — ₹400 / ₹1,000 / ₹2,000 per copy) for use as evidence; English translations of foreign-language documents with translator's affidavit under the Indian Evidence Act 1872 (s.65B certification for electronic documents).
- ›**Expert affidavits** — affidavits of technical experts (PSITA — person skilled in the art) supporti — **Expert affidavits** — affidavits of technical experts (PSITA — person skilled in the art) supporting the grounds for revocation (especially for obviousness under s.64(1)
- ›and insufficiency under s.64(1) — and insufficiency under s.64(1)
- ›**For s.66 Controller revocation** — the Central Government's direction in writing under Rule 84 (th — **For s.66 Controller revocation** — the Central Government's direction in writing under Rule 84 (the Central Government issues the direction after consulting the patentee and giving the patentee an opportunity to be heard).
- ›**For s.65 voluntary surrender** — Form 14 (Application for revocation of a patent by the patentee) — **For s.65 voluntary surrender** — Form 14 (Application for revocation of a patent by the patentee) under Rule 85, with the patentee's declaration and the patent number; the Controller advertises the surrender in the Official Gazette (the patentee may face opposition from a licensee under s.65(2)).
How it works
Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.
- 1Customer⏱ 1 - 3 Days
Step 1: **Customer** briefs I-Pro on the patent to be revoked (the patent number) and...
**Customer** briefs I-Pro on the patent to be revoked (the patent number) and the grounds for revocation (typically: prior art anticipation, obviousness, s.3 exclusion, wrongful obtainment, or insufficient disclosure). - 2I-Pro⏱ 1 - 3 Days
Step 2: **I-Pro** conducts a comprehensive **InPASS + international + NPL prior-art s...
**I-Pro** conducts a comprehensive **InPASS + international + NPL prior-art search** (see Service 4) to identify the closest prior-art references and assess novelty, inventive step, and s.3 compliance of the patent. - 3I-Pro⏱ 1 - 3 Days
Step 3: **I-Pro** (or an advocate) drafts the **revocation petition** (for s.64) or p...
**I-Pro** (or an advocate) drafts the **revocation petition** (for s.64) or prepares the Central Government's direction (for s.66 — the Central Government, not I-Pro, issues the direction; I-Pro may provide supporting technical analysis) with paragraph-wise particulars for each ground under s.64(1). - 4I-Pro⏱ 1 - 3 Days
Step 4: **I-Pro / advocate** files the revocation petition before the High Court (or ...
**I-Pro / advocate** files the revocation petition before the High Court (or the counterclaim in the District Court infringement suit, which is then transferred to the High Court under s.104(2)); pays the court fee; the High Court issues a **suit number** and summons to the defendant. - 5I-Pro⏱ 1 - 3 Days
Step 5: **The patentee** files a written statement (defence) within 30 days of the su...
**The patentee** files a written statement (defence) within 30 days of the summons (extendable under the CPC); the patentee may file a counterclaim for infringement (in case the revocation is filed as a standalone petition, not a counterclaim in an infringement suit). - 6I-Pro⏱ 1 - 3 Days
Step 6: **Discovery and inspection** under Order XI CPC
**Discovery and inspection** under Order XI CPC — both parties produce documents, including the patentee's file wrapper with the Patent Office, the foreign filings, and the prior-art references; the patentee may claim privilege over certain documents (e.g., attorney-client privilege for communications with the patent agent / advocate — limited in India by the *Amarkanth Bose v. Citibank* (2008) line of cases). - 7I-Pro⏱ 1 - 3 Days
Step 7: **Trial**
**Trial** — both parties lead oral and documentary evidence; expert witnesses (PSITA) testify on obviousness, insufficiency, and s.3 compliance; cross-examination under the CPC and the Indian Evidence Act 1872. - 8I-Pro⏱ 1 - 3 Days
Step 8: **High Court's judgment** under s.64
**High Court's judgment** under s.64 — the High Court either **revokes the patent** (in full or in part) under s.64(1) on any of the 16 grounds, **maintains the patent** (if the revocation is rejected), or **maintains the patent with amendments** (limited to disclaimers or clarifications that do not extend the scope of the claims — the High Court's power to amend under s.57(3) is limited to the patentee's application for amendment). - 9I-Pro⏱ 1 - 3 Days
Step 9: **Appeal to the Supreme Court**
**Appeal to the Supreme Court** — under s.116 of the Patents Act 1970 (or the High Court's appellate jurisdiction under Article 134A of the Constitution of India) within 90 days of the High Court's judgment (limited to substantial questions of law). - 10Regulator⏱ 1 - 3 Days
Step 10: **Total cycle**
**Total cycle**: 2–5 years for the High Court trial (no statutory SLA — depends on the complexity of the case, the evidence, and the High Court's docket); the *Hoffmann-La Roche v. Cipla* (Delhi HC 2008–2015) revocation proceeding took about 7 years from filing to judgment.
Post-registration compliance
What to file next. I-Pro handles these as part of the annual compliance package.
| Filing | Form | Deadline |
|---|---|---|
| Statutory IP Renewal (Form TM-R / Patent Form 12) Penalty: Surcharge fee; removal of mark from official Register | 10 Years | Every 10 years prior to certificate expiration date |
| Response to Examination Report / Objection Penalty: Application deemed abandoned without oral hearing | Event-based | Formal legal reply within 30 days of examiner report issuance |
| Continuous Commercial Use & Evidence Maintenance Penalty: Vulnerability to cancellation / rectification for non-use (Section 47) | Continuous | Retain continuous invoices, packaging, and digital promotional records |
| Proper Statutory Registered Symbol Usage Penalty: Imprisonment up to 3 years and criminal prosecution under Section 107 | Continuous | Use (R) symbol strictly after registration grant certificate issue |
Penalties for non-compliance
Statutory penalties under governing regulatory provisions. Avoid non-compliance delays.
| Non-compliance | Provision | Penalty |
|---|---|---|
| Statutory IP Renewal (Form TM-R / Patent Form 12) | 10 Years | Surcharge fee; removal of mark from official Register |
| Response to Examination Report / Objection | Event-based | Application deemed abandoned without oral hearing |
| Continuous Commercial Use & Evidence Maintenance | Continuous | Vulnerability to cancellation / rectification for non-use (Section 47) |
| Proper Statutory Registered Symbol Usage | Continuous | Imprisonment up to 3 years and criminal prosecution under Section 107 |
Common mistakes to avoid
Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.
- 1Mismatched applicant legal name or identity details across KYC proofsWhy: Government verification APIs cross-check with UIDAI and MCA databases and automatically flag discrepancies in spelling or dates.Fix: Our specialists pre-validate your documents against official government databases before portal filing.
- 2Submitting outdated utility bills or non-notarized commercial leasesWhy: Premises proofs older than 60 days or defective landlord NOCs trigger statutory scrutiny queries and multi-week processing delays.Fix: We verify recent billing dates and provide pre-formatted, legally vetted landlord NOC and lease formats.
- 3Selecting incorrect classification, turnover slab, or statutory activity codeWhy: Applications filed under inappropriate classifications attract show-cause notices and potential rejection without statutory fee refund.Fix: We conduct a statutory scope assessment to align your application with the exact regulatory requirements.
Frequently asked questions
Everything you need to know about this service.
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