Application for Patents-
· Section 6 (Persons entitled to apply for Patents) of the Act provides the eligibility of who can file an application for a patent for an invention. Any person who claims to be the first inventor of the invention; any person who is the assignee of the person claiming to be the first inventor in respect of right to make such an application; by the legal representative of any deceased person who before his death, was entitled to make an application.
· An application under this section can be made either alone or jointly with any other person if the claim is by joint owners of a Patent.
· Section 7 (Form of Application) of the Act discusses about the form and format in which the Application has to be filed in the Patent Office. Every application for a Patent will be for one invention only. When an application is made with respect to an assignment then the applicant ought to furnish proof that he is eligible to make the application.
· The Applicant shall have to state that he is in the possession of the invention, and thereby also mention the name of the person claiming that the invention is true and he is the first inventor. In case of person filing the application is not the applicant, a declaration by the applicant stating that the invention is true has to be filed.
· Section 10 (Contents of Specifications) of the Act gives a detailed structure of all that is required to be mentioned in the Application that is being filed by the applicant. Every specification shall describe the invention and shall also indicate the title and subject matter of the same. If the Controller feels that there is a need of Drawing or Models, then the above said should be done. In case of drawings, it is expected to be attached in the Specifications, however, the model or sample shall not to be deemed to be a part.
Registration of Patent in case of Joint Ownership-
· Section 69 (Registration of Assignments, Transmissions, etc.) of the Act specifies the procedure for registration to be followed in case where a person has a share in a patent, thereby being a joint patent ownership. The person shall apply in writing in the prescribed manner to the Controller for the registration of his title or as the interest may be in the register.
· The Controller on proof of his interest in the title shall; register him in the register as a proprietor or co-proprietor of the patent, and enter in the register particulars of the instrument or the one by which the derives title.
· In case of dispute between the parties, the Controller may refuse to take any actions for registration until and unless the rights of the parties have been determined by the court.
· Copies of all the agreements, licenses and other documents affecting the title to any patent or any license thereunder which is to be filed in the Patent Office by the Controller in the prescribed manner should be supplied by the parties. The Controller on request of the parties in case of a license being granted can take steps to assure that the terms of the license is not disclosed to any person except under the order of the court.
· Rule 90 (Registration of Title and Interest in Patent) of the Act specifies that the application preferred under Section 69 shall be made in Form 16. Rule 92 (Registration of Title and Interest in Patent) gives the format in which the details should be filed.
Rights of Co-Owners-
· Section 50 (Rights of Co-Owners of Patent) of the Patents Act specifies the rights of the co-owners of patents. The basic logic behind the section is to give a clear view of about how the rights between the co-owners would exist without being unfair to either of the owners.
· Both the owners would be entitled to an undivided and equal share in the patent, unless otherwise being agreed by them.
· When two or more persons are registered as grantee or proprietor, each of those persons shall be entitled by himself or his agents to rights that are conferred in Section 48 of the Act for their own benefit.
· Section 48 (Rights of Patentees) of the Act specifies the rights of the Patentees with respect to different subject-matters. In case of a subject matter being a Product, then the patentee would have the exclusive right to prevent third parties from making, using, offering for sale, selling or importing the product without his consent. In case of a subject matter being a Process, then the patentee would have the exclusive right to prevent third parties from the act of using, offering for sale, selling or importing that process without his consent.
· Further, with respect to the rights under this Act, where two or more persons are registered as grantee or proprietor of a patent, then a license and share would only be assigned to one owner when the consent of the other owner is also obtained.
· Where a patented article is sold by either of the co-owners, the person purchasing or claiming it shall be entitled to deal with the article in the same manner as if it were done by a sole patentee.
· The laws that are applied to with respect to ownership and devolution of movable property will be applicable to the patent laws in India were the rights and obligations of the trustees or of the legal representatives of a deceased persons is concerned.
· Section 70 (Power of Registered Grantee or Proprietor to deal with Patent) of the Act discusses about the powers of the registered grantee or proprietor to deal with the patent. They shall have the power to assign, grant licenses, or any other deal with it, provided that any equities in respect of the patent may be enforced in the same manner as for a movable property.
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