(2) Subject to this section, where two or more persons are registered as patentees
then, unless an agreement to the contrary is in force, each of those persons shall be
entitled, by himself or his agents, to make, use, exercise and vend the patented
invention for his own benefit without accounting to the other or others.
(3) Subject to subsections (6), (7) and (8) and to any agreement for the time being in
force, a licence under a patent shall not be granted and a share in a patent shall not be
assigned except with the consent of all persons, other than the licenser or assignor,
who are registered as patentees.
(4) Where a patented article is sold by one of two or more persons registered as
patentees, the purchaser and any person claiming through him shall in respect of such
article be entitled to deal with it in the same manner as if it had been sold by a sole
patentee.
(5) Subject to this section, the rules of law applicable to the ownership and devolution
of movable property generally shall apply in relation to patents as they apply in
relation to other incorporeal rights.
(6) Where two or more persons are registered as patentees, the Registrar may, upon
application made to him in the prescribed manner by any of those persons, give such
directions in accordance with the application as to the sale or lease of the patent or
any interest therein, the grant of licences under the patent or the exercise of any right
under subsections (1) to (5) in relation thereto as he thinks fit.
(7) If any person registered as patentee fails to execute any instrument or to do any
other thing required for the carrying out of any direction given under this section
within fourteen days after being requested in writing so to do by any of the other
persons so registered, the Registrar may, upon application made to him in the
prescribed manner by any such other person, give directions empowering any person
to execute that instrument or to do that thing in the name and on behalf of the person
in default.
(8) Before giving directions in pursuance of an application under subsection (6) or
(7), the Registrar shall give an opportunity to be heard—
(a)
in the case of an application under subsection (6), to the other person
or persons registered as patentees;
(b)
in the case of an application under subsection (7), to the person in
default.
(9) An appeal shall lie from any decision of the Registrar under this section.
(10) No directions shall be given under this section so as to affect the mutual rights or
obligations of trustees or of the legal representatives of a deceased person or their
rights or obligations as such.
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Disputes as to inventions made by joint inventors
(1) Where a dispute arises between two or more persons as to the rights of the parties
in respect of an invention made by those persons jointly or in respect of any patent to
be granted in respect thereof, the Registrar may, upon application made to him in the
prescribed manner, and after giving to each of the parties an opportunity to be heard,
determine the matter in dispute and make such orders for giving effect to his decision
as he considers expedient.
(2) Upon an application made to him under subsection (1), the Registrar may, unless
satisfied that one of the parties is entitled to the exclusion of the other or others to the
benefit of the invention in respect of which the application is made, by order provide
for the apportionment, between the parties or two or more of the parties, of the
invention and of any patent to be granted in respect thereof in such manner as the
Registrar considers just.
(3) A decision of the Registrar under this section shall have the same effect as
between the parties and persons claiming under them as a decision of the Tribunal.
(4) An appeal shall lie from any decision of the Registrar under this section.
(5) Where it is claimed that an invention referred to in subsection (1) has been made
jointly by two or more persons and that the interest of any such joint inventors has, by