The Register of Patents

1A certified copy of the register of patent or any extract thereof, issued by the Controller or any officer authorised for that purpose, shall be admissible in evidence in legal proceedings. (Patents Act 1970, s 67(5).) A document with regard to which no entry has been made under s 69(3) shall not normally be admitted as evidence of the title to a patent or any interest in it. Such a document may be admitted for a limited purpose of an application under s 69(1) or of an application to rectify the register. (Ibid, s 69(5).)

2The person who becomes entitled to patent or to an interest in the patent, through any of the means mentioned in s 68, shall make an application in writing to the Controller for the registration of title in its name or of notice of such interest in the register. (Patents Act 1970, s 69(1).) An application may also be made even before the person becomes entitled to the patent or to any interest therein. The assignor, mortgagor, licensor or the other party to that instrument, may make such an application. (Ibid, s 69(2).)

3Section 69(3) of the Patents Act deals with two instances where an application is made for the registration of the title of any person, upon the proof of title to the satisfaction of the Controller. Where the Controller is satisfied that person is entitled to a patent or a share in a patent, he shall register him in the register as the proprietor or co-proprietor of the patent and enter in the register particulars of the instrument by which he derives title. Likewise, where the Controller is satisfied that the person is entitled to any other interest in the patent, he shall enter in the register notice of his interest, with particulars of the instrument creating it. In both the above cases, if there is any dispute between the parties whether the assignment, mortgage, licence, transmission, operation of law or any other such transaction has validly vested in such person a title to the patent, the Controller shall refuse to take any action under s 69(3), until the rights of the parties have been determined by a competent court.

4Copies of all agreements, licences and other documents affecting the title of any patent or licence or any relevant document filed in the Patent Office shall be supplied to the Controller. However, in the case of a licence granted under a patent, the Controller shall, if requested by the patentee or the licensee, take steps for securing that the terms of licence are not disclosed to any person except under the order of a court. (Ibid, s 69(4).)

5Documents in respect of which no entry has been made in the register under s 69(3) shall not be admitted by the Controller or by any court as evidence of title of any person to a patent. However, such documents may be admitted for the purpose of an application under s 69(1) or an application to rectify the register under s 71. (Ibid, s 69(5).) The persons registered as grantee or proprietor of a patent shall have the power to assign, grant licences under the patent, deal with the patent in any manner and give effectual receipts for any consideration for any such assignment, licence or dealing. (Ibid, s 70.)

6The register shall be open to inspection by the public and entries made in the register shall be prima facie evidence of any matter required or authorised by or under the Patents Act. (Patents Act 1970, s 72(1) and (2).) Certified copies of any entry in the register may be furnished by the Controller on a request made to him along with the stipulated fees. (Patents Rules 2003, r 133.)