April 24, 2024 | CA B K Goyal & Co LLP

Powers of Controller to make orders regarding substitution of applicants, etc —(1) If theController is satisfied, on a claim made in the prescribed manner at any time before apatent has been granted, that by virtue of any assignment or agreement in writing madeby the applicant or one of the applicants for the patent or by operation of law, theclaimant would, if the patent were then granted, be entitled thereto or to the interest ofthe applicant therein, or to an undivided share of the patent or of that interest, theController may, subject to the provisions of this section, direct that the application shallproceed in the name of the claimant or in the names of the claimants and the applicant orthe other joint applicant or applicants, accordingly as the case may require.(2) No such direction as aforesaid shall be given by virtue of any assignment or agreementmade by one of two or more joint applicants for a patent except with the cons ent of theother joint applicant or applicants.(3) No such direction as aforesaid shall be given by virtue of any assignment or agreement forthe assignment of the benefit of an invention unless—(a) the invention is identified therein by reference to the number of the application forthe patent; or(b) there is produced to the Controller an acknowledgement by the person by whomthe assignment or agreement was made that the assignment or agreement relatesto the invention in respect of which that application is made; or(c) the rights of the claimant in respect of the invention have been finally establishedby the decision of a court; or(d) the Controller gives directions for enabling the application to proceed or forregulating the manner in which it should be proceeded with under sub-section (5).(4) Where one of two or more joint applicants for a patent dies at any time before the patenthas been granted, the Controller may, upon a request in that behalf made by the survivoror survivors, and with the consent of the legal representative of the deceased, direct thatthe application shall proceed in the name of the survivor or survivors alone.(5) If any dispute arises between joint applicants for a patent whether or in what manner theapplication should be proceeded with, the Controller may, upon application made to him inthe prescribed manner by any of the parties, and after giving to all parties concerned anopportunity to be heard, give such directions as he thinks fit for enabling the application toproceed in the name of one or more of the parties alone or for regulating the manner inwhich it should be proceeded with, or for both those purposes, as the case may require. 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Section 20 – THE PATENTS ACT, 1970 Read More »

Section 19 – THE PATENTS ACT, 1970

THE PATENTS ACT, 1970 / CA Bhuvnesh Goyal / April 24, 2024

Section 19 – THE PATENTS ACT, 1970 Read More »