Section 69 – THE PATENTS ACT, 1970

(1) Where any person becomes entitled
by assignment, transmission or operation of law to a patent or to a share in a patent or
becomes entitled as a mortgagee, licensee or otherwise to any other interest in a patent,
he shall apply in writing in the prescribed manner to the Controller for the registration of
his title or, as the case may be, of notice of his interest in the register.
(2) Without prejudice to the provisions of sub-section (1), an application for the registration
of the title of any person becoming entitled by assignment to a patent or a share in a
patent or becoming entitled by virtue of a mortgage, licence or other instrument to any
other interest in a patent may be made in the prescribed manner by the assignor,
mortgagor, licensor or other party to that instrument, as the case may be.
(3) Where an application is made under this section for the registration of the title of any
person the Controller shall, upon proof to title of his satisfaction,—
(a) where that person is entitled to a patent or a share in a patent, register him in the
register as proprietor or co-proprietor of the patent, and enter in the register
particulars of the instrument or even by which he derives title; or
(b) where that person is entitled to any other interest in the patent, enter in the
register notice of his interest, with particulars of the instrument, if any, creating it:
Provided that if there is any dispute between the parties whether the assignment,
mortgage, licence, transmission, operation of law or any other such transaction has
validly vested in such person a title to the patent or any share or interest therein, the
Controller may refuse to take any action under clause (a) or, as the case may be, under
clause (b), until the rights of the parties have been determined by a competent court.
(4) There shall be supplied to the Controller in the prescribed manner for
being filed in the patent office copies of all agreements, licences and other documents
affecting the title to any patent or any licence thereunder authenticated in the prescribed
manner and also such other documents as may be prescribed relevant to the subject
matter:
Provided that in the case of a licence granted under a patent, the Controller shall, if so
requested by the patentee or licensee, take steps for securing that the terms of the licence
are not disclosed to any person except under the order of a court.
(5) Except for the purposes of an application under sub-section (1) or of an
application to rectify the register, a document in respect of which no entry has been made
in the register under sub-section (3) shall not be admitted by the Controller or by any court
as evidence of the title of any person to a patent or to a share or interest therein unless
the Controller or the court, for reasons to be recorded in writing, otherwise directs.