Power of Controller to give directions to co-owners
Section 51 of the Patents Act, 1970 deals with power of Controller to give directions to co-owners. 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 The Act came into force on 01 Apr 1978.
(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 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 thing 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 obligation 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.
Section 51, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 2
Questions about Section 51
What does Section 51 of the Patents Act deal with?
Section 51 of the Patents Act is headed "Power of Controller to give directions to co-owners". 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
How do I find court cases under Section 51 of the Patents Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 51, section 51 Patents Act, section 51 of the Patents Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 51 of the Patents Act, and has it changed?
Its own text turns on section 50 (Rights of co-owners of patents), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 51 of the Patents Act come into force?
Section 51 of the Patents Act, cited as Patents Act 51, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.