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

Gopal and Hema are registered co-proprietors of a patent for a water filter. Gopal alone sells a patented filter to Imran, who resells it to Jyoti. Hema objects that she did not consent. What is the legal position regarding Imran and Jyoti?

Imran and Jyoti may deal with the filter as if it had been sold by a sole patentee. The Patents Act gives this protection to the purchaser and anyone claiming through him when one registered co-proprietor sells a patented article.

  1. AImran may deal with the article as if sold by a sole patentee, and so may Jyoti claiming through himCorrect
  2. BImran may use it but not resell it
  3. CJyoti needs Hema's consent to use it
  4. DThe sale is void because Hema did not consent

Explanation

Section 50(4) states that where a patented article is sold by one of the registered co-proprietors, the purchaser and anyone claiming through him may deal with the article as if it had been sold by a sole patentee. Hema's consent is not required for such a sale of an article.

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