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Patents Act, 1970 (39 of 1970) Section 28 - Bare Act

StateCentral Government
Year
Section TitleMention of Inventor as Such in Patent
Act Info:

(1) If theController is satisfied, upon a request or claim made in accordance with theprovisions of this section,-

(a) thatthe person in respect of or by whom the request or claim is made is theinventor of an invention in respect of which application for a patent has beenmade, or of a substantial part of that invention; and

(b) thatthe application for the patent is a direct consequence of his being theinventor,

TheController shall, subject to the provisions of this section, cause him to bementioned as inventor in any patent granted in pursuance of the application inthe complete specification and in the register of patents:

Providedthat the mention of any person as inventor under this section shall not conferor derogate from any rights under the patent.

(2) Arequest that any person shall be mentioned as aforesaid may be made in theprescribed manner by the applicant for the patent or (where the person allegedto be the inventor is not the applicant or one of the applicants) by theapplicant and that person.

(3) If anyperson [other than a person in respect of whom a request in relation to theapplication in question has been made under sub-section (2)] desires to bementioned as aforesaid, he may make a claim in the prescribed manner in thatbehalf.

(4) 1 [A request or claim under theforegoing provisions of this section shall be made before the grant of patent]

(5) 2 [Omitted].

(6) (sic) [Where], where a claim is made undersubsection (3), the Controller shall give notice of claim to every applicantfor the patent (not being the claimant) and to any other person whom theController may consider to be interested; and before deciding upon any requestor claim made under sub-section (2), or sub-section (3), the Controller shall,if required, hear the person in respect of or by whom the request or claim ismade, and, in the case of a claim under sub-section (3), any person to whomnotice of the claim has been given as aforesaid.

(7) Whereany person has been mentioned as inventor in pursuance of this section, anyother person who alleges that he ought not to have been so mentioned may at anytime apply to the Controller for a certificate to that effect, and theController, may, after hearing, if required, any person whom he may consider tobe interested, issue such a certificate, and if he does so, he shall rectifythe specification and the register accordingly.

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1. Substituted by Patents (Amdt) Act, 2005 for the words:

A requestor claim under the foregoing provisions of this section shall be made not laterthan two months after the date of advertisement of acceptance of the completespecification or within such further period (not exceeding one month) as theController may, on an application made to him in that behalf before theexpiration of the said period of two months and subject to the payment of theprescribed fee, allow.

2. Omittedby Patents (Amdt) Act, 2005.Previous to omission:

No requestor claim under the foregoing provisions of this section shall be entertained ifit appears to the Controller that the request or claim is based upon factswhich, if proved in the case of an opposition under the provisions of clause(d) of subsection (1) of section 25 by the person in respect of or by whom therequest or claim is made, would have entitled him to relief under that section.




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