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

Tanvi and Rohit are registered co-proprietors of a patent. Rohit sells a patented device to Dinesh, who later resells it to Eshan. Tanvi objects, saying she did not consent to the sale. Under the Patents Act, 1970, what is the position of Dinesh and Eshan?

Dinesh and Eshan may deal with the device as though it had been sold by a sole patentee. Section 50(4) protects the purchaser and anyone claiming through him when one registered co-owner sells the patented article, so the other co-owner's objection does not bind them.

  1. AThey may deal with the article as if it had been sold by a sole patenteeCorrect
  2. BThey need Tanvi's ratification before reselling
  3. CEshan is bound by Tanvi's objection, though Dinesh is not
  4. DThe sale is void unless Tanvi is paid half the price

Explanation

Section 50(4) says that where a patented article is sold by one of the registered co-owners, the purchaser and anyone claiming through him may deal with it as if sold by a sole patentee. Tanvi's lack of consent does not affect them, and Eshan claims through Dinesh.

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