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The case that made Section 8 revocation discretionary
Delhi High Court (Division Bench) · 2014 · FAO(OS) No. 16 of 2014, decided 7 November 2014
What happened
A patent was challenged on the ground that the patentee had failed to disclose particulars of corresponding foreign applications under section 8. The challenger sought revocation on that basis alone.
What the fight was about
Whether revocation for section 8 non-compliance under section 64(1)(m) is automatic.
What the court decided
It is not automatic. The word may in section 64(1) confers a discretion, not an obligation. The court must examine whether the omission was deliberate or intentional, or a mere clerical and bona fide error. The Division Bench declined to revoke on a summary basis, holding that the question of wilfulness was a triable issue.
Why an inventor should care
An administrative slip in reporting your foreign filings will not necessarily cost you the patent - but it is a fight you should never have to have.
What a patent professional should take from it
Do not treat this as comfort. Section 8 non-compliance has weighed against patentees seeking interim relief, and running a wilfulness argument at trial is expensive. Note also that the 2024 Rules simplified the ongoing duty - information under section 8(1)(b) is now furnished within three months of the first statement of objections - and added an express power to condone delay in filing Form 3 by up to three months on a Form 4 request.
Section 8 will probably not lose you the patent. It will certainly cost you the argument.
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This is an editorial case note prepared by Ragulika IP - a summary of a decision, not the text of the judgment, and not authority. Read the judgment itself before relying on any point.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
- The Patents Rules, 2003, as amended (e-version updated to 15 March 2024) — Official IP India text
- The Patents (Amendment) Rules, 2024 - G.S.R. 211(E), 15 March 2024 — Gazette text via WIPO Lex
Related
Section 8 particulars
The duty to tell the Indian Patent Office about corresponding applications you have filed outside India for the same or substantially the same invention, and to keep…
The form that can revoke a patent
Section 8 requires you to tell the Indian Patent Office about corresponding applications filed abroad. It is administrative, it is easy to overlook in a large family…
Form 3 is routine paperwork with no consequences.
Failure to disclose foreign filing particulars under section 8 is a ground of revocation under section 64(1)(m).
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.
Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.