INTER PARTES CASES - PATENT CANCELLATION

Requirements

1. The petition for cancellation shall be in writing and should be filed together with the affidavit of witnesses and original documents.
2. Verified by the petitioner or by any person in his behalf who knows the facts.
3. Specify the grounds upon which it is based, include a statement of facts to be relied upon and filed with the office.
4. Copies of printed publication or of patents of other countries and other supporting documents mentioned in the petition shall be attached thereto, together with the translation thereof on English, if not in English language.
5. Prescribed filing fees under the IPO Fee Structure which shall be paid upon filing of the petition for cancellation.
6. Name and address of the patentee, title of the patent, patent number and date of issuance of the patent sought to be cancelled.
7. Verification.
8. Certification of non-forum shopping.
9. Power of Attorney (POA) (granted to the duly authorized representative or agent).
10. Documents executed abroad must be legalized and authenticated.

* At least one (1) original exhibit/documentary evidence i.e., affidavit, certificate of registration, sample label, advertisement, etc.
* Certified copies shall be allowed in lieu of the originals.



See Also
Trademark Opposition | Trademark Cancellation | Patent Cancellation