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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Anand and Bhavna are registered co-owners of a patent for a pump. Anand sells one patented pump to Chetan, a dealer, without Bhavna's involvement. Bhavna objects that Chetan cannot resell it freely. Under the Patents Act, 1970, what is the position?

When one of several registered patent co-owners sells a patented article, the buyer and those claiming through him can deal with it as if it had been sold by a sole patentee. Chetan may therefore resell the pump freely despite Bhavna's objection.

  1. AChetan may deal with the pump as if it had been sold by a sole patenteeCorrect
  2. BChetan may resell only with Bhavna's written consent
  3. CChetan may resell only after a royalty is paid to Bhavna
  4. DChetan acquires no title since the sale was by one co-owner

Explanation

Section 50(4) states that where a patented article is sold by one of two or more registered proprietors, the purchaser and anyone claiming through him may deal with the article as if sold by a sole patentee. Bhavna's objection therefore fails as regards Chetan.

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