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 also permits Mr. A to be granted the patent for the solar-powered charging device. Following (1), Mr. A can now apply to the Controller for a new patent.

As per (2), the Controller, upon Mr. A's request, will grant him a new patent bearing the same date and number as the patent that was revoked from Mr. B. If the court had only permitted a part of the patent to be granted to Mr. A, then a new patent for that part would be granted bearing the same date as the revoked patent and numbered as prescribed.

Now, if Mr. C had been using this solar-powered charging device technology while the patent was wrongfully with Mr. B, Mr. A cannot sue Mr. C for any infringements committed before the actual date on which the new patent was granted to him, as per (3).