Judicial assignment of patent application or patent

(1) Where the essential elements of the invention claimed in a patent or application for a patent have been unlawfully derived from an invention for which the right to the patent belongs to another person, such other person may apply to the Court for an order that the said patent application or patent be assigned to him. 16 (2) The Court shall make such order as it sees fit upon hearing such application. (3) No application for the assignment of a patent under sub- section (1) shall be entertained by the Court after the expiry of five years from the date of the grant of the patent unless it is shown that any person registered as an owner of the patent knew, at the time of the grant or, as the case may be, of the transfer of the patent to him, that he was not entitled to the