Focus keyword- Patent registration

Additional keywords- Section 67, Section 69, rectification of register, section 72

PURPOSE OF REGISTER OF PATENT

Register of patent contains all the updated information regarding a patent that is granted. It serves as a database and prima facia evidence for every proceeding instigated under the Indian Patent’s Act before the Controller or the Appellate Board. When there is any change in the title, interest, or information contained in the patent, the patentee or the title owner is under the obligation to intimate it to the controller so that he can make the necessary changes in the register.

REGISTER OF PATENTS

The register of a patent is dealt with in section 7 of the Patens Act, 1970. At the patent office, a register of patents is maintained which contains the names and addresses of patents. It also contains the notifications of assignments, extension, and revocations of patents. Apart from this, the particulars of orders which affect the validity or proprietorship of patents shall also be included in the register or patent.  A notice of trust irrespective of it being express, implied or constructive, shall not be included in the register. The controller shall manage and control over the register subject to the superintendence and directions of the Central Government. The controller at his discretion can keep the whole of the register or a part in the electronic form provided it fulfils the safeguards that are provided. When a register is kept in an electronic form, the reference to an entry, rectification, or any particulars in the register would mean a reference made to the record maintained in the electronic form. A copy of or an extract from the register is admissible evidence in all Court proceedings if it is certified to be a true copy under the hand of the Controller or any officer duly authorized by the Controller.

THE PATENT RULES, 2003 W.R.T REGISTER OF PATENTS

Chapter XII deals with the register of patents. The Controller shall enter the following details in the register at each appropriate office upon the granting of patent-

1.      name, address and nationality of the grantee as the patentee

2.      title of the invention

3.      date of the patent

4.       date of grant

5.      address for service of the patentee

The controller shall also enter the particulars regarding the proceeding that takes place under this Act before the controller or the Appellate Board. Where the register of patents or any part thereof is in computer floppies, diskettes or any other electronic form it shall be maintained and accessed only by the person who is duly authorized by the Controller and no entry or alteration of any entry or rectification of any entry in the said register shall be made by any person who is not so authorized by the Controller.

POWER OF REGISTERED GRANTEE OR PROPRIETOR TO DEAL WITH PATENT

The Registration of assignments, transmissions, etc. is dealt under sec 69 of the Patents Act, 1970. The person or persons registered as grantee or proprietor of a patent shall have the power to assign, grant licenses under, or otherwise deal with, the patent and to give effectual receipts for any consideration for any such assignment, license or dealing

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, license or the creation of any other interest in a patent shall not be valid unless the same was 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.

REGISTRATION OF ASSIGNMENTS, TRANSMISSIONS, ETC.

Section 69 deals with the registration of title and interest. A person in writing can apply to the Controller to register the title that he gained in a particular patent as a result of the assignment, transmission or operation of law to a patent or to a share in a patent or becomes entitled as a mortgagee, licensee. Such an application should be made in the prescribed manner. When his application is supported with valid proof, the controller makes the necessary changes with respect to his title or interest in the register. If the person making an application is entitled to a patent in whole or a share in the patent, he shall be registered in the register as a proprietor or co-proprietor along with the instrument which has given him the title. When the person making the application is entitled to any interest in the patent, the controller records his notice of interest in the register along with the instrument bestowing him with such an interest. When there is a dispute between the parties with respect to the vesting of title or interest in the person making an application, the controller will not register the title or notice of interest in the register until the dispute is resolved by a competent court. When an agreement, licenses, and other documents affect the title to any patent, copies of such shall agreement; licenses and other documents shall be provided to the controller for filing purpose in the register. In the case of a license granted under a patent, the Controller shall, if so requested by the patentee or licensee, take steps for securing that the terms of the license are not disclosed to any person except under the order of a court. A document whose entry has not been made in the register cannot be considered person evidence of title of any person to a patent or share or interest. Discretion can be made with respect to this rule by the Controller or the Court after recording their reasons in writing.

THE PATENT RULES, 2003 W.R.T REGISTRATION OF TITLE AND INTEREST IN PATENTS

The application that is made under sec 69 of the patents act must be made in Form 16. An application for making an entry in the register of patents of any other document that affects the proprietorship of the patent shall be made in Form 16 shall be made by the person benefiting under the document.

RECTIFICATION OF REGISTER BY APPELLATE BOARD

According to sec 117D, an application for rectification of the register shall be made to the Appellate Board in the prescribed manner. A person can make an application to the Appellate Board to rectify the register if he is aggrieved by any omission or absence of any entry from the register or when an entry is made without any sufficient cause or when an entry is wrongly remaining in the register or when there is an error or defect in entry existing in the register. Any document making any change to the title or interest in the patent shall be given along with the application made to register to change a change. This has been given under rule 91 of the Patent Rules, 2003.

The Appellate Board has the authority to answer any question that is relevant or necessary or expedient to decide in relation to the rectification of the register. When an application is made by any person to rectify the register, a notice of such an application is given to the Controller. The Controller has the authority to appear in such proceeding at his will or when he is ordered by the Court to do so. When an order is passed by the Appellate Board regarding the rectification of the register, it shall be communicated to the Controller who shall, in turn, give effect to the order by making the necessary changes or amendments as per the directions of the Appellate Board.

THE PATENT RULES, 2003 W.R.T RECTIFICATION OF REGISTER BY THE APPELLATE BOARD

The Controller may require such proof of the alteration as he may think fit before acting on a request to alter the name or nationality. If a patentee makes a request in writing along with fee payable for entering an additional address for service in India and if the Controller is satisfied that the request should be allowed, he shall have the additional address for service entered in the register. This is enunciated under rule 94 of the Patent Rules,2003.

REGISTER TO BE OPEN FOR INSPECTION

Section 72 of the Patents Act, 1970 states that the register is open for inspection by the public. This assures transparency and enables people to gather evidence from the register which will be useful and admissible under any proceedings instigated under the Patents Ac, 1970. The public has the right to inspect the register only during the office hours and the certified copies of the register with the seal of patent office are provided to them upon paying the prescribed fee. The prescribed fee to be made is mentioned under the first schedule as per rule 95 of the Patent Rules, 2003. The register shall serve as the prima facie evidence of any matters required or authorized by or under this Act to be entered therein. If the record of particulars is kept in computer floppies or diskettes or in any other electronic form, power of the public to inspect the register shall be deemed to have been complied with if the public is given access to such computer floppies, diskettes or any other electronic form or printouts of such record of particulars for inspection.

When the register of patents or any part thereof is in computer floppies, diskettes or any other electronic form the person authorized by the Controller under sub-rule (3) of rule 88 shall provide access to the computer floppies, diskettes or other electronic form or printouts of the records thereof as per rule 95(2).