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CHAPTER VIII GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY

Section 44: Amendment of patent granted to deceased applicant

The Patents Act, 1970

Where, at any time after a patent has been 1[granted] in pursuance of an application under this Act, the Controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent was 1[granted], the Controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted, and the patent shall have effect, and shall be deemed always to have had effect, accordingly.

Footnotes in the official text

  1. 1.Subs. by s. 34, ibid., for “sealed” (w.e.f. 1-1-2005).

Practise questions on Intellectual Property Law