Section 67. Register of patents and particulars to be entered therein

CHAPTER XIII REGISTER OF PATENTS 67. Register of patents and particulars to be entered therein . — (1) There shall be kept at the patent office a register of patents, wherein shall be entered — (a) the names and addresses of grantees of patents; (b) notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, extensions, an revocations of patents; and (c) particulars of such other matters affecting the validity or proprietorship of patents as may be prescribed. (2) No notice of any trust, whether express, implied or constructive, shall be entered in the register, and the Controller shall not be affected by any such notice. (3) Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Controller. 2[(4) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patents or any part thereof in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed. (5) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or extracts from, the register of patents, certified to be a true copy under the hand of the Controller or any officer duly authorised by the Controller in this behalf shall, in all legal proceedings, be admissible in evidence. (6) In the event the register is kept wholly or partly in computer floppies, diskettes or any other — electronic form, 1. Subs. by Act 15 of 2005, s. 48, for section 65 (w.e.f. 1-1-2005). 2. Subs. by Act 38 of 2002, s. 32, for sub-section (4) (w.e.f. 20-5-2003). (a) reference in this Act to an entry in the register shall be deemed to include reference to a record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register; (b) references in this Act to particulars being registered or entered in the register shall be deemed to include references to the keeping of record of those particulars comprising the register or part of the register in computer floppies, diskettes or any other electronic form; and (c) references in this Act to the rectification of the register are to be read as including references to the rectification of the record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register.] 1 [68. Assignments, etc., not to be valid unless in writing and duly executed . — An assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and duly executed.]