Grant of patent to true and first inventor where it has been obtained by another in fraud of him
(1) Where the patent has been revoked under section 64 on the ground that the
patent was obtained wrongfully and in contravention of the rights of the petitioner or any
person under or through whom he claims, or, where in a petition for revocation, the
Appellate Board or court, instead of revoking the patent, directs the complete specification
to be amended by the exclusion of a claim or claims in consequence of a finding that the
invention covered by such claim or claims had been obtained from the petitioner, the
Appellate Board or court may, by order passed in the same proceeding, permit the grant to
the petitioner of the whole or such part of the invention which the Appellate Board or
court finds has been wrongfully obtained by the patentee, in lieu of the patent so revoked
or is excluded by amendment.
(2) Where any such order is passed, the Controller shall, on request by the
petitioner made in the prescribed manner grant to him—
(i) in cases where the Appellate Board or court permits the whole of the patent to
be granted, a new patent bearing the same date and number as the patent
revoked;
(ii) in cases where the Appellate Board or court permits a part only of the patent to
be granted, a new patent for such part bearing the same date as the patent
revoked and numbered in such manner as may be prescribed:
Provided that the Controller may, as a condition of such grant, require the petitioner to
file a new and complete specification to the satisfaction of the Controller describing and
claiming that part of the invention for which the patent is to be granted.
(4) No suit shall be brought for any infringement of a patent granted under
this section committed before the actual date on which such patent was granted.
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