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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Two co-proprietors, Kiran and Lata, hold a patent with no agreement between them. Kiran personally works the patented invention in his own factory and earns profit. Which statement is correct?

Kiran may work the invention for his own benefit without accounting to Lata. Under Section 50(2), each registered co-proprietor can exercise the patent rights personally or through agents without sharing profits, unless an agreement provides otherwise. Consent is required only for licences or assignments of a share.

  1. AKiran must account to Lata for the profit earned
  2. BKiran needs Lata's written consent to work the invention
  3. CKiran may work it for his own benefit without accounting to LataCorrect
  4. DOnly Lata may work it, being the later registered

Explanation

Section 50(2) entitles each registered co-proprietor, by himself or agents, to the rights conferred by section 48 for his own benefit without accounting to the others, absent contrary agreement. Consent and accounting are needed only for licensing or assigning under Section 50(3), not for personal exploitation.

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