Section 34: Grant of patent to two or more persons

34. Grant of patent to two or more persons.—(1) Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent. (2) Subject to the provisions of this section and section 35, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to exploit, use, exercise and sell the patented invention for his own benefit without accounting to the other person or persons. (3) Subject to the provisions of this section and section 35 and to any agreement for the time being in force, where two or more persons are registered as grantee or proprietor of a patent, then, a licence under a patent shall not be granted, and a share in a patent shall not be assigned, by one of such persons, except with the consent of the other person or persons. (4) Where a patented article is sold by one of two or more persons registered as grantee or proprietor of the patent relating to that article, the purchaser and any person claiming through him shall be entitled to deal with it in the same manner as if the article had been sold by a sole patentee. (5) Subject to the provisions of this section, the provisions of law applicable to the ownership and devolution of movable property generally shall apply in relation to patents, and nothing contained in sub­section (1) or sub­section (2) shall affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or their rights or obligations as such.

Effective date: 2000-01-01

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