- 04/25/2019 at 1:58 pm #617020EduGorillaKeymasterSelect Question Language :
Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the principle(s) and apply it/them to the given facts carefully and select the best option.
1: Intellectual property rights cannot be claimed, unless they are not registered with concerned authorities.
2: In patent law, an inventor is the person(s), who contribute(s) to the claims of a patentable invention. Joint inventors or co-inventors exist when a patentable invention is the result of inventive work of more than one inventor.
Facts: Mahesh and Suresh invented a motor vehicle engine which can derive power from water. It means that they made it possible to use water as a fuel. Their engine passed tests at India’s top 5 motor vehicle testing labs, before being released in the market. The invention was registered in the name of Mahesh at the Chennai patent office. When Suresh came to know that his name was not registered with Mahesh as co-designer, he sued him.
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- Invention belongs to Mahesh and Suresh both and cannot be registered without the name of Suresh.
- No remedy can be claimed by Suresh as he failed to get his name registered on the product.
- It is impossible to release the product without testing, hence all the 5 test laboratories should also be given the title of co-inventors.
- Proceedings must be initiated at the Chennai patent office with concerned officials.
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