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    Transfer of Patent Rights - License Etc

    Uploaded by

    Sagar
    This document summarizes the transfer of patent rights under Indian law. It discusses that a patent can be transferred via assignment or operation of law. It describes the different types of assignments (legal, equitable, mortgage) and how transmission occurs upon death, bankruptcy or dissolution of a company. The document also outlines the different types of patent licenses (express, implied, exclusive, sole) and requirements for validity of transfers/licenses which must be in writing and registered. Finally, it discusses prohibiting restrictive conditions that are injurious to public interest.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Transfer of Patent Rights - License Etc

    Uploaded by

    Sagar
    597 views9 pages
    This document summarizes the transfer of patent rights under Indian law. It discusses that a patent can be transferred via assignment or operation of law. It describes the different types of assignments (legal, equitable, mortgage) and how transmission occurs upon death, bankruptcy or dissolution of a company. The document also outlines the different types of patent licenses (express, implied, exclusive, sole) and requirements for validity of transfers/licenses which must be in writing and registered. Finally, it discusses prohibiting restrictive conditions that are injurious to public interest.

    Original Description:

    Transfer of Patent rights and Licenses

    Original Title

    Transfer of Patent rights_License etc

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    © © All Rights Reserved

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    This document summarizes the transfer of patent rights under Indian law. It discusses that a patent can be transferred via assignment or operation of law. It describes the different types of assignments (legal, equitable, mortgage) and how transmission occurs upon death, bankruptcy or dissolution of a company. The document also outlines the different types of patent licenses (express, implied, exclusive, sole) and requirements for validity of transfers/licenses which must be in writing and registered. Finally, it discusses prohibiting restrictive conditions that are injurious to public interest.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    597 views9 pages

    Transfer of Patent Rights - License Etc

    Uploaded by

    Sagar
    This document summarizes the transfer of patent rights under Indian law. It discusses that a patent can be transferred via assignment or operation of law. It describes the different types of assignments (legal, equitable, mortgage) and how transmission occurs upon death, bankruptcy or dissolution of a company. The document also outlines the different types of patent licenses (express, implied, exclusive, sole) and requirements for validity of transfers/licenses which must be in writing and registered. Finally, it discusses prohibiting restrictive conditions that are injurious to public interest.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 9

    TRANSFER OF PATENT

    RIGHTS
    INTRODUCTION

     A Patent is recognised as a species of property and

    can be transferred from the original patentee to any


    other person by assignment and operation of law.

     A Patentee can also give licences to others to exploit

    the patent.
     When a patent is granted to two or more persons,

    each of them are entitled to an equal share in the


    patent, in the absence of any contract to the
    contrary.

     However, a co-owner cannot assign or license his

    share in the patent except with the consent of the


    other co-owner.
    ASSIGNMENT
    ()
     A Patentee may assign whole or any part of the patent rights
    for the whole of India or for a part thereof.

     Kinds of Assignment :
     Legal Assignment : where the rights in an existing patent are
    transferred by the Patentee by a Deed. The Assignee is entitled to
    have his name registered in the register of patents as the proprietor of
    the patent.
     Equitable Assignment : A deed by which the patentee agrees to
    transfer rights to the assignee. It only affects the proprietorship of the
    patent and does not change it. An equitable assignee cannot have his
    name registered in the patent register but he can have notice of his
    interest in the patent registered.
     Mortgage : A document where the patent rights are transferred,
    wholly or partly, to the mortgagee with a view to secure the payment
    of a sum of money.
    TRANSMISSION OF PATENT

     Transfer of patent by the operation of law is transmission.

     It can happen when –

     the patentee dies,

     the patentee become bankrupt or

     in case of a company, it is dissolved.

     The Central Government has the power to acquire a patent from the

    patentee or an invention which is subject matter of a patent

    application from the applicant for a public purpose.


    LICENCES

     A patentee may by a licence, permit others to make, use or


    exercise the invention which would otherwise be illegal.
     Kinds –
     Express Licence
     Implied Licence
     Exclusive Licence
     Sole Licence

     If requested by the patentee / licensee, the terms of the

    license shall be kept confidential and not disclosed to any


    person, except under the order of Court.
    VALIDITY

     An Assignment, mortgage, licence or the creation of any other


    right in a patent will not be valid unless –
     it is in writing and
     is registered with the Controller of Patents according to the provisions of Sec 68.

     The document so registered will have effect from the date of


    execution.
     A document which is not registered will not be admitted by the
    Controller or the Court as evidence, unless directed otherwise.
     Failure to register a document may disentitle the assignee or
    licensee (exclusive) to sue for infringement.
    AVOIDANCE OF RESTRICTIVE CONDITIONS

     A patentee while leasing the patented article or granting licences to


    use the patent, device various forms of restrictive conditions on trade
    which are injurious to public interest.
     Some of the conditions imposed –
     prohibition of the purchase of non-patented article from any
    person other than the patentee or his nominee,
     payment of royalties even after the termination of the patent.

     Contracts in which restrictive conditions are prohibited are-


     contract of sale or lease of patented article or an article made by a
    patented process,
     contract relating to sale or lease of patented article or an article
    made by a patented process,
     a licence to manufacture or use a patented article,

     a licence to work any process protected by patent.

     If imposed will afford a defence in an action for infringement.


    CASES

     M/s. National Research Development Corp vs.

    Ineos Abs Ltd.

     M/s. National Research Development Corp vs.

    M/s. ABS Plastics Ltd.

     Sergi Transformer Technologies Pvt. Ltd. vs.

    Kumar Pratap Anil and others.

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