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

Kiran and Lata are registered co-patentees of a patented water filter. Kiran sells one filter to Mohan, who later resells it to Nisha. Lata objects, saying she did not consent to the sale. Under the Patents Act, 1970, how may Mohan and Nisha deal with the filter?

Mohan and Nisha may deal with the filter as if a sole patentee had sold it. When one registered co-owner sells a patented article, the purchaser and anyone claiming through him get the same freedom of dealing, so the other co-owner's objection has no effect.

  1. AMohan may use it but Nisha may not resell it further
  2. BThey may deal with it as if it had been sold by a sole patenteeCorrect
  3. CBoth need Lata's consent for any further dealing
  4. DNisha must take a licence from Lata

Explanation

Section 50(4) provides that where a patented article is sold by one co-owner, the purchaser and anyone claiming through him can deal with the article as if it had been sold by a sole patentee. Lata's objection therefore does not restrict Mohan or Nisha.

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