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

Asha Textiles Ltd and Bharat Dyes Pvt Ltd are registered as joint grantees of a patent. Their records show no agreement between them on shares. What share does each hold in the patent?

Each joint grantee holds an equal undivided share in the patent, because the Patents Act provides for equal shares unless an agreement to the contrary is in force. No such agreement exists here, so turnover or order of naming does not matter.

  1. AAn equal undivided share eachCorrect
  2. BShares proportionate to their annual turnover
  3. CShares fixed by the Controller on application
  4. DThe first-named grantee holds the whole, the other holds a licence

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, so shares are equal. Turnover and Controller-fixed shares have no basis in that provision.

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