Section 66

Proceedings for infringement by a co-owner

Previous Index Next

66.-(1) In the application of section 60 above to a patent of which there are two or more joint proprietors the reference to the proprietor shall be construed -

  • (a) in relation to any act, as a reference to that proprietor or those proprietors who, by virtue of section 36 above or any agreement referred to in that section, is or are entitled to do that act without its amounting to an infringement; and
  • (b) in relation to any consent, as a reference to that proprietor or those proprietors who, by virtue of section 36 above or any such agreement, is or are the proper person or persons to give the requisite consent.

(2) One of two or more joint proprietors of a patent may without the concurrence of the others bring proceedings in respect of an act alleged to infringe the patent, but shall not do so unless the others are made parties to the proceedings; but any of the others made a defendant or defender shall not be liable for any costs or expenses unless he enters an appearance and takes part in the proceedings.

Notes:
Manual of Patent Practice

Unless otherwise stated, the content of this page is licensed under Creative Commons Attribution-ShareAlike 3.0 License