'Assignment of Patent is not valid until it is in writing', comment and discuss the relevant provisions. Is registration of assignment of patent is compulsory ?
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2021
'Assignment of Patent is not valid until it is in writing', comment and discuss the relevant provisions. Is registration of assignment of patent is compulsory ?
Answer & Explanation:
According to Section 68 of the Patents Act, 1970, assignments, etc., not to be valid unless in writing and duly executed. An assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and duly executed. An assignment of a patent or of a share of a patent, a mortgage, licence or the creation of any other interest in the patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and the application for registration of such document is filed in the prescribed manner with the Controller within six months from the execution of the document or within such period not exceeding six months in the aggregate as the Controller on application made in the prescribed manner allows. In view of the above, registration of assignment is compulsory.
Topics: Intellectual Property Rights
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