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

Rohan Pharma Ltd is the registered grantee of a patent. A third party, Vikas Labs, claims it holds an earlier right in the invention, but no notice of that right is entered in the register. Rohan grants a licence under the patent to Meera Biotech and receives the licence fee. Under the Patents Act, 1970, what is the position of Rohan's power to deal?

Rohan, as registered grantee, has power to assign, license or otherwise deal with the patent and give effectual receipts, subject to co-ownership provisions and any rights of which notice is entered in the register. Vikas's unregistered claim does not restrict this power.

  1. ARohan has power to assign, license or otherwise deal with the patent and give effectual receipts, subject to co-ownership provisions and rights of which notice is entered in the registerCorrect
  2. BRohan cannot license without the Controller's prior approval in every case
  3. CRohan may license only after Vikas Labs consents in writing
  4. DOnly a patent agent may execute a licence on behalf of the grantee

Explanation

Section 70 gives the registered grantee or proprietor power to assign, grant licences or otherwise deal, and to give effectual receipts, subject to co-ownership provisions and rights of which notice is entered in the register. No notice of Vikas's claim is entered, and nothing requires Controller approval or Vikas's consent. Patent agents' rights concern practice before the Controller, not executing licences.

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