Patents Act, 1992
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Assignment, etc. of patent applications and patents. |
85.—(1) Where a person becomes entitled by assignment or transmission, operation of law or any other mode of transfer to an interest in a published patent application or a patent, or to a share in such an application or patent, or becomes entitled as mortgagee, licensee or otherwise to any other interest in such an application or patent he shall apply to the Controller in the prescribed manner for the registration of his title as applicant or co-applicant, proprietor or co-proprietor, or, as the case may be, of notice of his interest, in the register. | |
(2) An application for the registration in the register of the title of any person becoming entitled by assignment to a published patent application or a patent, or a share in such an application or patent, or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in such an application or patent, may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to the instrument by which the assignment is made. | ||
(3) Where application is made under subsection (1) or (2) for the registration of the title of any person, the Controller shall, upon proof of title to his satisfaction— | ||
(a) that the person is entitled to an interest in a published patent application or a patent, or a share in such an application or patent, register him in the register as applicant or co-applicant for the patent, or proprietor or co-proprietor of the patent, and enter in the register particulars of the instrument or event by which he derives title; or | ||
(b) that the person is entitled to any other interest in the application or patent, enter in the register notice of his interest, with particulars of the instrument (if any) creating it. | ||
(4) An entry in the register that a person has an interest in a published patent application, or in a patent by virtue of a mortgage, licence or other instrument, may be cancelled by the Controller if he is satisfied, upon an application's being made in the prescribed manner by the person registered as applicant for the patent or proprietor of the patent, that such interest has ceased, and in case the Controller is so satisfied he shall note in the register the cancellation of such entry. | ||
(5) Subject to the provisions of this Act relating to co-ownership of patent applications and co-ownership of patents, and subject also to any rights vested in any other person of which notice is entered in the register, the person registered as applicant for a patent or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with the application or patent, and to give effectual receipts for any consideration for any such assignment, licence or dealings; provided that any equities in respect of the application or patent may be enforced in like manner as equities arising in respect of any other personal property. | ||
(6) Rules under this Act may require the supply for the purposes of this section to the Controller for filing at the Office of copies of such deeds, licences and other documents as may be prescribed. | ||
(7) Except for the purposes of an application to amend the register under section 86 , a document in respect of which no entry has been made in the register under subsection (3) shall only be admitted in any court as evidence of the title of any person to a patent application or patent or share of or interest in a patent application or patent if the court so directs. | ||
(8) If the Controller is satisfied, on a claim made in the prescribed manner at any time before a patent is granted, that, by virtue of any assignment or agreement made by the applicant or one of the applicants, or by a decision under section 81 , 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 shall direct that the application shall proceed in the name of the claimant or in the names of the claimant and the applicant or each of the other such applicants, according as the case may require; provided that no such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint patent applicants except with the consent of the other joint applicant or each of the other such applicants. |