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

Dev and Esha are registered co-proprietors of a patent. Dev sells a patented article to Farhan, who then resells it. Esha objects that she did not consent to the sale. What is the effect under the Patents Act?

Farhan and anyone claiming through him may deal with the article as if it had been sold by a sole patentee. Section 50(4) protects purchasers of patented articles sold by one co-proprietor, so Esha's lack of consent does not restrict resale.

  1. AFarhan must obtain Esha's ratification before reselling
  2. BFarhan and those claiming through him may deal with the article as if sold by a sole patenteeCorrect
  3. CThe sale is void because both proprietors did not sell
  4. DFarhan may use the article but not resell it

Explanation

Section 50(4) provides that where a patented article is sold by one of the registered co-proprietors, the purchaser and anyone claiming through him may deal with it as if sold by a sole patentee. So resale is permitted and Esha's objection does not affect Farhan.

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