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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

Arvind and Meera Rao jointly applied for a patent for a water-purification device, and the application was found in order for grant. In whose favour is the patent granted?

In the case of a joint application, the patent is granted to the applicants jointly, as the Act provides. It is not given to the first-named applicant alone, nor split into separate patents for each applicant.

  1. AOnly the applicant whose name appears first in the application
  2. BThe applicants jointlyCorrect
  3. CThe Controller holds it until they nominate one owner
  4. DEach applicant separately, as two independent patents

Explanation

Under the grant provision, in the case of a joint application the patent is granted to the applicants jointly. It is not split into separate patents and is not granted only to the first-named applicant.

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