52. Grant of patent to true and first inventor where it has been obtained by another in fraud of him
(1) Where a patent has been revoked under section 64 on the ground that it was obtained wrongfully and in contravention of the petitioner’s rights (or a person under/through whom he claims), or where in a revocation petition the High Court, instead of revoking the patent, directs the complete specification to be amended by excluding a claim or claims found to have been obtained from the petitioner, the High Court may, by order in the same proceeding, permit the grant to the petitioner of the whole or such part of the invention wrongfully obtained, in lieu of the patent revoked or excluded.
(2) Where such an order is passed, the Controller shall, on the petitioner’s request, grant—
- (i) where the whole patent is permitted, a new patent bearing the same date and number as the patent revoked;
- (ii) where only part is permitted, a new patent for that part bearing the same date, numbered as prescribed:
Provided that the Controller may require the petitioner to file a new complete specification describing and claiming that part of the invention for which the patent is to be granted.
(3) No suit shall be brought for infringement of a patent granted under this section committed before the actual date on which such patent was granted.
