Powers of Controller to make orders regarding substitution of applicants, etc
—(1) If the
Controller is satisfied, on a claim made in the prescribed manner at any time before a
patent has been granted, that by virtue of any assignment or agreement in writing made
by the applicant or one of the applicants for the patent or by operation of law, the
claimant would, if the patent were then granted, be entitled thereto or to the interest of
the applicant therein, or to an undivided share of the patent or of that interest, the
Controller may, subject to the provisions of this section, direct that the application shall
proceed in the name of the claimant or in the names of the claimants and the applicant or
the 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 agreement
made by one of two or more joint applicants for a patent except with the cons ent of the
other joint applicant or applicants.
(3) No such direction as aforesaid shall be given by virtue of any assignment or agreement for
the assignment of the benefit of an invention unless—
(a) the invention is identified therein by reference to the number of the application for
the patent; or
(b) there is produced to the Controller an acknowledgement by the person by whom
the assignment or agreement was made that the assignment or agreement relates
to 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 established
by the decision of a court; or
(d) the Controller gives directions for enabling the application to proceed or for
regulating 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 patent
has been granted, the Controller may, upon a request in that behalf made by the survivor
or survivors, and with the consent of the legal representative of the deceased, direct that
the 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 the
application should be proceeded with, the Controller may, upon application made to him in
the prescribed manner by any of the parties, and after giving to all parties concerned an
opportunity to be heard, give such directions as he thinks fit for enabling the application to
proceed in the name of one or more of the parties alone or for regulating the manner in
which it should be proceeded with, or for both those purposes, as the case may require.
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