20. Powers of Controller to make orders regarding substitution of applicants, etc.
(1) If the Controller is satisfied, on a claim made in the prescribed manner at any time before a patent has been granted, that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants, or by operation of law, the claimant would, if the patent were then granted, be entitled thereto or to the applicant’s interest therein, or to an undivided share of the patent or of that interest, the Controller may direct that the application shall proceed in the name of the claimant or claimants and the applicant or other joint applicant(s), as the case may require.
(2) No such direction shall be given by virtue of any assignment or agreement made by one of two or more joint applicants except with the consent of the other joint applicant(s).
(3) No such direction shall be given by virtue of any assignment or agreement for the assignment of the benefit of an invention unless (a) the invention is identified therein by reference to the application number; or (b) an acknowledgment by the assignor is produced to the Controller; or (c) the rights of the claimant have been finally established by a court decision; or (d) the Controller gives directions under sub-section (5).
(4) Where one of two or more joint applicants dies before the patent has been granted, the Controller may, on a request by the survivor(s) and with the consent of the deceased’s legal representative, direct that the application shall proceed in the name of the survivor(s) alone.
(5) If any dispute arises between joint applicants as to whether or in what manner the application should be proceeded with, the Controller may, on application by any of the parties and after giving all parties an opportunity to be heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone, or for regulating the manner in which it should be proceeded with, or both.
