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CS Professional · Intellectual Property Rights - Law and Practice · Business Concerns in Commercializing Intellectual Property Rights

Meera and Rohan are registered as joint grantees of an Indian patent for a water-purification device. There is no agreement between them on shares. What is the position regarding their shares in the patent?

Each co-grantee holds an equal undivided share. Section 50(1) of the Patents Act, 1970 provides this default rule unless the co-owners have an agreement to the contrary, and no such agreement exists in this case.

  1. AEach is entitled to an equal undivided shareCorrect
  2. BShares are fixed in proportion to their capital contribution to research
  3. CThe first-named grantee holds a majority share
  4. DShares are to be determined by the Controller in every case

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. Proportionate-to-contribution or majority-share rules are not in the section.

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