Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Indian Patent Law and its Developments

Dhruv Tech holds an exclusive licence under a patent owned by Evergreen Ltd. After the date of the licence, Fulcrum Ltd infringes the patent. Dhruv Tech sues Fulcrum Ltd alone and Evergreen Ltd does not join as plaintiff. Under the Patents Act, 1970, which statement is correct?

Dhruv Tech, as exclusive licensee, can sue for infringement committed after the licence date. Evergreen Ltd, the patentee, must be added as defendant unless it joins as plaintiff, and it bears no costs unless it enters appearance and takes part in the proceedings.

  1. ADhruv Tech cannot sue; only the patentee may institute infringement suits
  2. BDhruv Tech may sue, and Evergreen Ltd must be added as a defendant unless it joins as plaintiffCorrect
  3. CDhruv Tech may sue only after assigning the licence to Evergreen Ltd
  4. DDhruv Tech may sue, and Evergreen Ltd, once added as defendant, is liable for costs in all cases

Explanation

Section 109 gives the exclusive licensee the like right as the patentee to sue for infringement committed after the date of the licence. The patentee must be added as a defendant unless joined as plaintiff, and is not liable for costs unless it enters appearance and takes part. Option D ignores that last limit.

Did you get it right without looking?

One question tells you little. A timed set on Indian Patent Law and its Developments shows your real accuracy, how long you take and where you lose marks.

Practise Indian Patent Law and its DevelopmentsFree diagnostic mock

More Indian Patent Law and its Developments questions