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

Ravi and Meena are registered co-proprietors of a patent, with no agreement between them. Ravi works the invention in his own factory and keeps all profits. Meena demands an account of the profits. What is the position?

Ravi may work the invention for his own benefit without accounting to Meena, since absent a contrary agreement each registered co-proprietor can exercise the patent rights on his own. Consent is needed only to license or assign a share.

  1. ARavi may exercise his rights for his own benefit without accounting to MeenaCorrect
  2. BRavi must share profits equally with Meena
  3. CRavi needs Meena's written consent before working the invention
  4. DRavi must first obtain a Controller's direction

Explanation

Section 50(2) lets each registered co-proprietor, unless an agreement to the contrary is in force, exercise the rights conferred by section 48 for his own benefit without accounting to the others. Consent is required only for licensing or assigning a share, not for working the invention himself.

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