Industrial and Commercial Property (Protection) Act, 1927

Fraudulent applications for patents.

30.—(1) A patent granted to the true and first inventor shall not be invalidated by an application in fraud of him, or by provisional protection obtained thereon, or by any use or publication of the invention subsequent to that fraudulent application during the period of provisional protection.

(2) Where a patent has been revoked by the court on the ground that it has been obtained in fraud of the true and first inventor, or where the grant has been refused or revoked on the ground that the applicant or patentee obtained the invention from another person, the controller may, on the application of the true inventor made in accordance with the provisions of this Act, grant to him a patent for the whole or any part of the invention in lieu of and bearing the same date as the patent so revoked, or as would have been borne by the patent if the grant thereof had not been refused:

Provided that no action shall be brought for any infringement of the patent so granted committed before the actual date when such patent was granted.