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Joint ownership of patent
Cap. 253, s. 32 · Revised Edition 2020
(1) Where a patent is granted to two or more persons jointly,
each of the patentees shall, in the absence of an agreement to the contrary, be entitled to an equal undivided share in the patent.
(2) Subject to the provisions of sub-section (4) of this section, a joint patentee shall not be entitled, in the absence of an agreement to the contrary, and in the absence of the consent of the joint patentee or patentees, to–
(a) make, use, exercise, or dispose of the patented
(b) grant a licence or assign or mortgage the whole or any part of his interest in the patent; or
(c) take any step or institute any proceedings relating to the patent;
Provided that he may without recourse to any other joint patentee, pay any annual fee which is payable.
(3) Where a patented article is disposed of by a joint patentee, the person who acquires the patent, or any person making a claim through him, shall be entitled to deal with that article in the same manner as though the article had been disposed of by the patentees jointly.
(4) Any joint patentee may institute proceedings for infringement and shall give notice thereof to any other joint patentee, and any such other joint patentee may intervene as co- plaintiff and recover any damages in respect of any damage he may have suffered as a result of the infringement.
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