Patents Ordinance, 2000 — section 35

35. Power of Controller to give directions to co-owners..—(1) Where two 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 licences under the patent, or the exercise of any right under section 39 in relation thereto, as he thinks fit.

(2)If any person registered as grantee or proprietor of the 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 thing in the name and on behalf of the person in default.

(3)Before giving directions in pursuance of an application under this section, the Controller shall give an opportunity of being 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; and

(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 trustee or of the legal representatives of a deceased person, or their rights or obligations as such. 36. Power of Controller or Court to determine the matter in dispute between employer and employee. —(1) Where a dispute arises between an employer and a person who is or was at the material time his employee as to the rights of the parties in respect of an invention made by the employee either alone or jointly with other employees or in respect of any patent granted or to be granted in respect thereof, the Controller may, upon application made to him in the prescribed manner by either of the parties and after giving to each of them an opportunity of being heard, determine the matter in dispute, and may make such orders for giving effect to his decision as he considers expedient: Provided that, if it appears to the Controller upon an application under this section that the matter in dispute involves questions which should be determined by the Court, he may decline to deal therewith.

(2)In proceedings before the Court between an employer and a person who is or was at the material time his employee, or upon an application made to the Controller under sub-section (1), the Court or, as the case may be, the Controller may, if satisfied that both the parties are entitled to the benefit of an invention made by the employee, by order provide for the apportionment between them of the benefit of the invention, and of any patent granted or to be granted in respect thereof, in such manner as the Court or, as the case may be, the Controller considers just.

(3)A decision of the Controller under this section shall have the same effect as between the parties and persons claiming under them as a decision of the Court.