Section 63 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 63 lets a patentee offer to surrender his patent at any time. The Controller publishes the offer, tells every person whose interest is on the register, hears any opposition and, if satisfied that the patent may properly be surrendered, accepts the offer and revokes the patent by order. If you are thinking of giving up a patent, our legal consultation team can advise on the effect on licensees and on your rights.
A patentee may, at any time, give notice in the prescribed manner to the Controller and offer to surrender the patent (sub-section (1)). The Controller publishes the offer and notifies every person on the register with an interest (sub-section (2)). Any person interested may oppose within the prescribed period (sub-section (3)). If the Controller is satisfied, after hearing, that the patent may properly be surrendered, he may accept the offer and revoke the patent by order (sub-section (4)).
Amendments to know
In sub-section (2) the word "publish" replaced "advertise", and in sub-section (3) the words "such publication" replaced "the date of the advertisement", both by the Patents (Amendment) Act, 2005 (from 1 January 2005). The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change section 63. Our existing guide on surrender of patent gives a general overview.
Sub-section (1): the offer
"A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent."
- The right belongs to the patentee.
- It can be exercised "at any time". The text gives no earliest or latest date.
- It is an offer: the surrender is not complete until the Controller accepts.
- The form of notice and any fee are prescribed under the Patents Rules, 2003; they are not covered here.
The sub-section speaks of surrendering "his patent": the whole patent. The text does not provide for surrender of a single claim; partial change of a patent is done by amendment under sections 57 to 59.
Sub-section (2): publication and notice to interested persons
"Where such an offer is made, the Controller shall publish the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent."
Two duties, both mandatory ("shall"):
- Publish the offer in the prescribed manner.
- Notify every person, other than the patentee, whose name appears in the register as having an interest in the patent. This covers, for example, a licensee or mortgagee whose interest has been registered. The register is described in our article on section 67.
A person whose interest has not been entered in the register is not among those the Controller must notify, although publication gives public notice.
Sub-section (3): opposition
"Any person interested may, within the prescribed period after such publication give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee."
- Any "person interested" may oppose, not only registered interest holders.
- The period runs from publication and is prescribed; this article states none.
- The text gives no list of grounds. It does not say what an opponent must show.
- The Controller must notify the patentee of the opposition.
Sub-section (4): the order
"If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order revoke the patent."
The Controller must hear the patentee and any opponent who wishes to be heard. He must be "satisfied" that the patent "may properly be surrendered". The word "properly" is not defined. If satisfied, he "may" accept; the text does not make acceptance automatic. On acceptance the patent is revoked by order.
| Stage | Who acts | What the text says |
|---|---|---|
| Offer | Patentee | Notice in prescribed manner, at any time |
| Publication | Controller | Publish offer; notify every registered interest holder |
| Opposition | Any person interested | Notice within prescribed period after publication |
| Hearing | Controller | Patentee and any opponent, if desirous of being heard |
| Order | Controller | If satisfied, may accept and revoke the patent |
Effect and what it connects to
Surrender ends the patent by revocation on the Controller's order. After that, the subject matter is no longer protected: section 53(4) says that on cessation of the patent right or expiry of the term, the subject matter shall not be entitled to any protection; section 53 is covered in our article on the term of patent. The text of section 63 does not itself say what happens to the licences or to suits pending at the time of surrender.
Surrender is different from revocation on a petition under section 64, from revocation on the Central Government's direction for atomic energy under section 65 and from revocation in the public interest under section 66. In surrender the patentee starts the process; in those cases someone else does. Our article on sections 65 and 66 explains those two.
Illustration (invented)
Harbour Mills Pvt. Ltd. holds a patent for a loom attachment that it no longer wishes to maintain, and a licensee, Weave Works LLP, is entered in the register as holding a licence. Harbour Mills gives notice in the prescribed manner offering to surrender the patent. The Controller publishes the offer and notifies Weave Works as a person whose name is in the register.
Weave Works wants to keep using the attachment under the licence and gives notice of opposition within the prescribed period. The Controller notifies Harbour Mills. After hearing both, the Controller decides whether the patent may properly be surrendered. If he is satisfied, he may accept the offer and revoke the patent by order. If he is not satisfied, the patent stays on the register.
What the section does not say
- It does not say what "properly" means or list the matters the Controller must consider.
- It does not state the opposition period.
- It does not say who bears costs of an opposed surrender.
- It does not say whether the offer can be withdrawn before acceptance.
- It does not say what happens to renewal fees already paid.
Practical points
- Check the register for registered licences, mortgages or assignments before you offer; each such holder will be notified.
- Consider the commercial effect first: a surrendered patent is revoked and the subject matter has no protection afterwards.
- If your aim is to narrow, not abandon, the patent, amendment is the route.
- If a patent is simply not renewed, section 53(2) ends it without an offer, but restoration may then be available under sections 60 to 62.
Need help deciding whether to surrender a patent?
Surrender cannot be undone and it can affect licensees and creditors. Our legal consultation team can review your licences and registered interests, explain the likely objections and guide you through the Controller's procedure.
Key takeaways
- Only the patentee may offer to surrender, at any time, by notice in the prescribed manner.
- The Controller must publish the offer and notify every person registered as having an interest.
- Any person interested may oppose within the prescribed period.
- After hearing, the Controller, if satisfied the patent may properly be surrendered, may accept and revoke the patent by order.
Read next
- Sections 65 and 66: revocation on Government direction and in the public interest
- Section 67: register of patents and particulars entered
- Patent revocation grounds: complete list under section 64
- Term of patent: 20 years and renewal fees
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.