In force2023 Revised EditionCurrent version · 2023 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)
Patents Act · 2023 Revised Edition · Part · Infringement of Patents
Patents Act · 2023 Revised Edition · Part · Infringement of Patents
Official textFrom Attorney General's Chambers, unchanged
In the application of section 64 to a patent of which there are two or more joint proprietors, the reference to the proprietor shall be construed —
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
in relation to any act, as a reference to that proprietor or those proprietors who, by virtue of section 47 or any agreement referred to in that section, is or are entitled to do that act without its amounting to an infringement; and
in relation to any consent, as a reference to that proprietor or those proprietors who, by virtue of section 47 or any such agreement, is or are the proper person or persons to give the requisite consent.
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 if made a defendant shall not be liable for any costs or expenses unless he enters an appearance and takes part in the proceedings.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
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