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Patents Act, 1978 (Act No. 57 of 1978)

Chapter V : Applications for patents

29. Joint ownership of applications

 

 

(1) Subject to the provisions of subsection (2), joint applicants for a patent shall in default of an agreement to the contrary have equal undivided shares in the application and none of them may without the consent of the other joint applicant or applicants deal in any way with the application: Provided that if any proceedings are required to save the application from becoming abandoned, any applicant may institute such proceedings on behalf of himself and any other joint applicant.

 

(2)

(a) If any dispute arises between joint applicants as to their respective rights in and to an application for a patent or as to the manner in which the application is to be proceeded with or the manner in which they shall deal with the application or exploit the invention, any such joint applicant may apply to the commissioner to decide the matter in dispute.
(b) Unless the commissioner otherwise directs, such applicant shall be liable for all costs and expenses incurred in respect of proceedings in terms of paragraph (a).

 

(3) If the commissioner is satisfied that a joint applicant, not being obliged thereto, is unable or unwilling to proceed as joint applicant, the commissioner may order that he assign his rights to any joint applicant able and willing so to proceed: Provided that where it appears to the commissioner to be just and equitable, he may order the payment of compensation to the assignor.

 

(4) In any proceedings in terms of subsection (2)(a) the commissioner shall, unless it appears to him that there are good reasons to the contrary, resolve the dispute in a manner which will lead to the preservation of the application and the grant of a patent.