Assignment, licensing and the Register
A patent is property. Moving it takes writing, execution and registration.
An assignment, mortgage or licence of an Indian patent must be in writing and duly executed. An oral agreement about a patent, however well documented in emails, is not enough.
Registration in the Register of Patents is what makes the transfer effective against later dealings and what allows the new owner to be recognised by the Patent Office.
Unregistered documents can also cause evidentiary problems if the patent later has to be enforced, because the person suing must be able to show title.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 6Persons entitled to apply for patents
- 20Powers of Controller to make orders regarding substitution of applicants, etc.
- 44Amendment of patent granted to deceased applicant
- 50Rights of co-owners of patents
- 51Power of Controller to give directions to co-owners
- 67Register of patents and particulars to be entered therein
- 68Assignments, etc., not to be valid unless in writing and duly executed
- 69Registration of assignments, transmissions, etc.
- 70Power of registered grantee or proprietor to deal with patent
- 71Rectification of register by High Court
- 82Definition of “patented articles” and “patentee”
- 84Compulsory licences
- 88Powers of Controller in granting compulsory licences
- 90Terms and conditions of compulsory licences
- 91Licensing of related patents
- 93Order for licence to operate as a deed between parties concerned
- 94Termination of compulsory licence
- 95Provision relating to licences of right
- 96Provision relating to licences of right
- 101Rights of third parties in respect of use of invention for purposes of Government
- 109Right of exclusive licensee to take proceedings against infringement
- 110Right of licensee under section 84 to take proceedings against infringement
- 119Falsification of entries in register, etc.
- 140Avoidance of certain restrictive conditions
- 141Determination of certain contracts
- 148Declaration by infant, lunatic, etc.
- 10Period within which proof of the right under section 7(2) to make the application shall be furnished
- 34Manner in which a claim under section 20(1) shall be made
- 35Manner in which a request may be made under section 20(4)
- 36Manner of application under section 20(5)
- 47Omitted
- 63ARequest made under section 26(1)
- 75Amendment of patent under section 44
- 76Manner of applying for direction under section 51(1)
- 77Manner of application under section 51(2)
- 78Procedure for the hearing of proceedings under section 51
- 90Registration of title and interest in patents
- 91Presentation of assignment, etc., of patent to Controller
- 92Registration of title or interest in a patent
- 100Application under section 88(4)
- 101Procedure to be followed in case of applications under section 88(4)
- 102Application for termination of compulsory licence under section 94
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