Patents Ordinance, 2000 — section 47

47. Revocation of patent by Controller..—(1) At any time within twelve months after the sealing of a patent, any person interested who did not oppose the grant of the patent may apply to the Controller for an order revoking the patent on any one or more of the grounds upon which the grant of the patent could have been opposed: Provided that when an action for infringement, or proceedings for the revocation, of a patent are pending in any court, an application to the Controller under this section shall not be made except with the leave of the court.

(2)Where an application is made under this section, the Controller shall give notice to the patentee and shall give to the applicant and the patentee an opportunity of being heard before deciding the case.

(3)If, on an application under this section, the Controller is satisfied that any of the grounds specified in sub-section (1) are established, he may by order direct that the patent shall be revoked either unconditionally or unless within such time as may be specified in the order the complete specification is amended to his satisfaction: Provided that the Controller shall not make an order for the unconditional revocation of a patent under this section unless the circumstances are such as would have justified him in refusing to grant the patent. 1[48.— Revocation of patent by the Federal Government. Where the Federal Government is of the opinion that:

(a)a patent or the made in which it is exercised is mischievous to the State or generally prejudicial to the public; or

(b)a patent has been obtained through concealment or misrepresentation in the application; or

(c)where the compulsory licence granted to prevent the abuse which might result from the exercise of the exclusive rights conferred by the patent, for example, failure to work or in relation to anti-competitive practices, has not been sufficient, it may, after giving the patentee an opportunity of being heard, make a declaration to that effect in the official Gazette, 2[and in the Patents’ jounal] and thereupon the patent shall be deemed to have been revoked: Provided that proceedings upon clause (c) and shall not begin before the expiration of two years from the grant of first compulsory licence.]