sections 67 to72 contain provisions as regards register of
patents
Section 67 provides that a Register of Patents shall be kept
at the patent office. The following particulars are required to be entered:
(i) the
names, addresses of grantees of patents;
(ii) notification of assignments and of
transmission of patents, of licences under
patents, and of amendments, extensions, and revocations of patents; and
(iii) particulars of such other matters affecting the validity or
proprietorship of patents.
No notice of any
trust, whether express, implied or constructive, will be entered in the
Register. Section 68 provides that the assignment, transfer, mortgage, licence etc. must
be in writing and the agreement between the parties concerned is to be reduced
to the form of a document. An application for registration of the assignment
etc. is to be made in a prescribed form within 6 months from the execution of
the document.
Section 69 provides for the registration of assignment,
transmission etc. of a patent.
section 70 empowers a registered grantee or proprietor
to assign, or grant licences under the
patents.Section 71 empowers a High Court to order for the rectification of Register of patents if an application is made by any person aggrieved due to the following reasons: (a) by absence or omission from the register of any entry; (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.
Section 72 provides that the Register of patents shall at all convenient times be open to inspection by the public. The certified copies, sealed with the seal of the patent office, of any entry in the Register shall be given to any person requiring them, on payment of the prescribed fee. Further the Register shall be prima facie evidence of any matters required to be entered therein.
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