Section 52 of The Patents Act, 1970, PA : Section 52: Grant Of Patent To True And First Inventions Where It Has Been Obtained By Another In Fraud Of Him

Explanation using Example

Let's consider a hypothetical situation where Mr. A has developed a unique solar-powered charging device. However, Mr. B, who had access to Mr. A's research, wrongfully files for and obtains a patent for the same device. Mr. A decides to challenge this in court, filing a petition for revocation of Mr. B's patent under section 64 of The Patents Act, 1970.

The court, after reviewing the evidence, revokes Mr. B's patent on the grounds that it was obtained wrongfully and in contravention of Mr. A's rights. It a...

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