Skip to content

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

Asha and Bharat are registered jointly as grantees of a patent, and there is no agreement between them on the subject. Absent any contrary agreement, what is the extent of their respective shares in the patent?

Each co-grantee is entitled to an equal undivided share in the patent, because the Patents Act provides this default rule unless an agreement to the contrary is in force. Contribution to cost or order of naming does not alter it.

  1. AEach is entitled to an equal undivided shareCorrect
  2. BShares are fixed in proportion to the research cost each bore
  3. CThe first named grantee holds a majority share
  4. DShares are decided by the Controller on application

Explanation

Under Section 50(1), where a patent is granted to two or more persons, each is entitled to an equal undivided share unless an agreement to the contrary is in force. No agreement exists here. Proportion to cost or order of naming has no statutory basis.

Did you get it right without looking?

One question tells you little. A timed set on Intellectual Property Rights shows your real accuracy, how long you take and where you lose marks.

Practise Intellectual Property RightsFree diagnostic mock

More Intellectual Property Rights questions