26. In cases of “obtaining” Controller may treat the patent as the patent of opponent
(1) Where in any opposition proceeding the Controller finds that—
- (a) the invention was obtained from the opponent in the manner set out in section 25(2)(a) and revokes the patent on that ground, he may, on request by the opponent, direct that the patent shall stand amended in the name of the opponent;
- (b) a part of the invention described in the complete specification was so obtained from the opponent, he may order that the specification be amended by excluding that part of the invention.
(2) Where the opponent has, before the date of an order under clause (b) of sub-section (1), filed a pending application for a patent for an invention including the whole or part of the invention held to have been obtained from him, the Controller may treat such application and specification, so far as they relate to the invention held to have been obtained from him, as having been filed on the date on which the corresponding document was filed by the patentee in the earlier application (for priority-date purposes), but for all other purposes the opponent’s application shall be proceeded with as an application for a patent under this Act.
