(1) There shall he kept at the patent office aregister of patents, wherein shall be entered-
(a) the names and addresses of grantees of patents;
(b) notifications of assignments and of transmissions of patents, of licencesunder patents, and of amendments, extension, and revocations of patents; and
(c) particulars of such other matters affecting the validity orproprietorship of patents as may be prescribed.
(2) No notice of any trust, whether express,implied or constructive, shall be entered in the register, and the Controllershall not be affected by any such notice.
(3) Subject to the superintendence anddirection of the Central Government, the register shall be kept under thecontrol and management of the Controller.
1 [(4) Notwithstanding anything contained in sub-section (1),it shall be lawful for the Controller to keep the register of patents or anypart thereof in computer floppies, diskettes or any other electronic formsubject to such safeguards as may be prescribed.
(5) Notwithstanding anything contained in the IndianEvidence Act, 1872 (1 of 1872), a copy of, or extracts from, the register ofpatents, certified to be a true copy under the hand of the Controller or anyofficer duly authorised by the Controller in this behalf shall, in all legalproceedings, be admissible in evidence.
(6) In the event the register is kept wholly orpartly in computer floppies, diskettes or any other electronic form,-
(a)reference in this Act to an entry inthe register shall be deemed to include reference to a record of particularskept in computer floppies, diskettes or any other electronic form and comprisingthe register or part of the register;
(b)references in this Act to particularsbeing registered or entered in the register shall be deemed to includereferences to the keeping of record of those particulars comprising the registeror part of the register in computer floppies, diskettes or any other electronicform; and
(c)references in this Act to therectification of the register are to be read as including references to therectification of the record of particulars kept in computer floppies,diskettes or any other electronic form and comprising the register or part ofthe register.]
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1.SubstitutedbyPatents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior tosubstitution it read as under:
"(4) For the removal of doubts, it is herebydeclared that the register of patents existing at the commencement of this Actshall be incorporated in, and form part of, the register under this Act."
Section 68 - Assignments, etc., not to be valid unless in writing and duly executed
1 [68. Assignments, etc., not to be valid unless in writing and duly executed
An assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and duly executed]
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1. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words:
68. Assignments, etc., not to be valid unless in writing and registered-An assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any oilier interest in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and the application for registration of such document is filed in the prescribed manner with * [the Controller within six months from the execution of the document or within such further period] not exceeding six months in the aggregate as the Controller on application made in the prescribed manner allows:
Provided that the document shall when registered, have effect from the date of its execution.
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* Substituted for "the Controller within six months from the commencement of this Act or the execution of the document, whichever is later or within such further period" by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
Section 69 - Registration of assignments, transmissions, etc.
(1) Where any person becomes entitled byassignment, transmission or operation of law to a patent or to a share in apatent or becomes entitled as a mortgage, licensee or otherwise to any otherinterest in a patent, he shall apply in writing in the prescribed manner to theController for the registration of his title or, as the case may be, of noticeof his interest in the register.
(2) Without prejudice to the provisions ofsub-section (1), an application for the registration of the title of any personbecoming entitled by assignment to a patent or a share in a patent or becomingentitled by virtue of a mortgage, licence or other instrument to any otherinterest 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 thissection for the registration of the title of any person the Controller shall,upon proof of 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, andenter in the register particulars of the instrument or even by which he derivestitle; or
(b) wherethat person is entitled to any other interest in the patent, enter in theregister notice of his interest, with particulars of the instrument, if any,creating it:
Provided that if there is any dispute betweenthe parties whether the assignment, mortgage, licence, transmission, operationof law or any other such transaction has validly vested in such person a titleto the patent or any share or interest therein, the Controller may refuse totake any action under clause (a) or, as the case may be, under clause (b) untilthe rights of the parties have been determined by a competent court.
(4) There shall be supplied to the Controllerin the prescribed manner for being filed in the patent office copies of allagreements, licences and other documents affecting the title to any patent orany licence thereunder authenticated in the prescribed manner and also suchother documents as may be prescribed relevant to the subject-matter:
Provided that in the case of a licence grantedunder a patent, the Controller shall, if so requested by the patentee orlicensee, take steps for securing that the terms of the licence are notdisclosed to any person except under the order of a court.
(5) Except for the purposes of an applicationunder sub-section (1) or of an application to rectify the register, a documentin 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 titleof any person to a patent or to a share or interest therein unless theController or the court, for reasons to be recorded in writing, otherwisedirects.
Section 70 - Power of registered grantee or proprietor to deal with patent
Subject to the provisions contained in this Act relating to 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 or persons registered as grantee or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with, the patent and to give effectual receipts for any consideration for any such assignment, licence or dealing:
Provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property.
Section 71 - Rectification of register by [Appellate Board]
(1) The1[Appellate Board] may, on the application of any person aggrieved-
(a) by the absence or omission from the register of any entry; or
(b) by any entry made in the register without sufficient cause; or
(c) by any entry wrongly remaining on the register; or
(d) by any error or defect in any entry in the register;
make such order for the making, variation or deletion, of any entry therein as it may think fit.
(2) In any proceeding under this section the1[Appellate Board] may decide any question that may be necessary or expedient to decide in connection with the rectification of the register.
(3) Notice of any application to the1[Appellate Board] under this section shall be given in the prescribed manner to the Controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the2[Board].
(4) Any order of the1[Appellate Board] under this section rectifying the register shall direct that notice of the rectification shall be served upon the Controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly.
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1. Substituted for "High Court" by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
2. Substituted for "court" by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
Section 72 - Register to be open for inspection
(1) Subject to the provisions contained in this Act and any rules made thereunder, the register shall at all convenient times be open to inspection by the public; and certified copies, sealed with the sea! of the patent office, of any entry in the register shall be given to any person requiring them on payment of the prescribed fee.
(2) The register shall be prima facie evidence of any matters required or authorised by or under this act to be entered therein.
1[(3) If the record or particulars is kept in computer floppies or diskettes or in any other electronic form, sub-sections (1) and (2) shall be deemed to have been complied with if the public is given access to such computer floppies, diskettes or any other electronic form or printouts of such record of particulars for inspection.]
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1. Inserted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.