Patents Act, 1970
51. Power of Controller to give directions to co-owners
(1) Where or more persons are registered as grantee or
proprietor of a patent, the Controller may, upon application made to him in the
prescribed manner by any of those persons, give such directions in accordance
with the application as to the sale or lease of the patent or any interest
therein, the grant of license under the patent, or the exercise of any right
under section 50 in relation thereto, as he thinks fit.
(2) If any person registered as grantee or proprietor of a
patent fails to execute any instrument or to do any other thing required for
the carrying out of any direction given under this section within fourteen days
after being requested in writing so to do by any of the other persons so
registered, the Controller may upon application made to him in the prescribed
manner by any such other person give directions empowering any person to
execute that instrument or to do that in the name and on behalf of the person
in default.
(3) Before giving any directions in pursuance of an application
under this section, the Controller shall give an opportunity to be heard-
(a) in the case of an application under
sub-section (1), to the other person or persons registered as grantee or
proprietor of the patent;
(b) in the case of an application under
sub-section (2), to the person in default
(4) No direction shall be given under this section so as to
affect the mutual rights or obligations of trustees or of the legal
representatives of a deceased person or of their rights or obligations as such,
or which is inconsistent with the terms of any agreement between persons
registered as grantee or proprietor of the patent.