Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

Nisha Enterprises, an exclusive licensee, sues Omkar Ltd for infringement committed after the date of its licence and does not join the patentee as plaintiff. What follows under the Act?

The suit is maintainable because an exclusive licensee has the patentee's right to sue for later infringement. Unless joined as plaintiff, the patentee must be added as a defendant, but bears no costs unless it enters appearance and takes part in the proceedings.

  1. AThe suit is not maintainable because only the patentee may sue
  2. BThe patentee must be added as a defendant, and is not liable for costs unless it enters appearance and takes partCorrect
  3. CThe patentee must be added as a defendant and is automatically liable for costs
  4. DOmkar Ltd loses its right to raise section 64 grounds in defence

Explanation

Section 109(1) gives an exclusive licensee the like right as the patentee to sue for infringement after the licence date. Under 109(2) the patentee, unless joined as plaintiff, is added as defendant but bears no costs unless it appears and takes part. Section 107(1) defences remain available to Omkar.

Did you get it right without looking?

One question tells you little. A timed set on Patent Documentation, Examination and Infringement shows your real accuracy, how long you take and where you lose marks.

Practise Patent Documentation, Examination and InfringementFree diagnostic mock

More Patent Documentation, Examination and Infringement questions