|
|
Registration of assignments, etc.
|
64.—(1) Where a person becomes entitled by assignment or transmission, operation of law or any other mode of transfer to a patent or to a share in a patent, or becomes entitled as mortgagee, licensee or otherwise to any other interest in a patent, he shall apply to the Controller in the prescribed manner for the registration of his title as proprietor or co-proprietor, or, as the case may be, of notice of his interest, in the register of patents.
|
|
| |
(2) Without prejudice to the provisions of the foregoing subsection, an application for the registration of the title of any person becoming entitled by assignment to a patent or a share in a patent, or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest 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 application is made under this section for the registration of the title of any person, the Controller shall, upon proof of title to his satisfaction—
|
|
| |
(a) where that person is entitled to a patent or a share in a patent, register him in the register of patents as proprietor or co-proprietor of the patent, and enter in that register particulars of the instrument or event by which he derives title; or
|
|
| |
(b) where that person is entitled to any other interest in the patent, enter in that register notice of his interest, with particulars of the instrument (if any) creating it.
|
|
| |
(4) Subject to the provisions of 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 of patents, 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 personal property.
|
|
| |
(5) Rules made by the Minister under this Act may require the supply to the Controller for filing at the Office of copies of such deeds, licences and other documents as may be prescribed.
|
|
| |
(6) Except for the purposes of an application to rectify the register under the following provisions of this Act, a document in respect of which no entry has been made in the register of patents under subsection (3) of this section shall not be admitted in any court as evidence of the title of any person to a patent or share of or interest in a patent unless the court otherwise directs.
|
