Mention of inventor as such in patent
(1) If the Controller is satisfied, upon a request or
claim made in accordance with the provisions of this section,—
(a) that the person in respect of or by whom the request or claim is made is the
inventor of an invention in respect of which application for a patent has been made,
or of a substantial part of that invention; and
(b) that the application for the patent is a direct consequence of his being the inventor,
the Controller shall, subject to the provisions of this section, cause him to be mentioned as
inventor in any patent granted in pursuance of the application in the complete
specification and in the register of patents:
Provided that the mention of any person as inventor under this section shall not confer or
derogate from any rights under the patent.
(2) A request that any person shall be mentioned as aforesaid may be made in the
prescribed manner by the applicant for the patent or (where the person alleged to be
the inventor is not the applicant or one of the applicants) by the applicant and that
person.
(3) If any person other than a person in respect of whom a request in relation to the
application in question has been made under sub-section (2) desires to be mentioned as
aforesaid, he may make a claim in the prescribed manner in that behalf.
(4) A request or claim under the foregoing provisions of this section shall be made before
the grant of patent.
(5) [Omitted by the Patents (Amendment) Act, 2005]
(6) Where a claim is made under sub-section (3), the Controller shall give notice of the
claim to every applicant for the patent (not being the claimant) and to any other person
whom the Controller may consider to be interested; and before deciding upon any
request or claim made under sub-section (2), or subsection (3), the Controller shall, if
required, hear the person in respect of or by whom the request or claim is made, and, in
the case of a claim under sub-section (3), any person to whom notice of the claim has
been given as aforesaid.
(7) Where any person has been mentioned as inventor in pursuance of this section, any
other person who alleges that he ought not to have been so mentioned may at any time
apply to the Controller for a certificate to that effect, and the Controller may, after
THE PATENTS ACT, 1970
Page 30
hearing, if required, any person whom he may consider to be interested, issue such a
certificate, and if he does so, he shall rectify the specification and the register
accordingly.
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