Applications by eligible persons arising out of Court proceedings
34 Applications by eligible persons arising out of Court proceedings
If, in any proceedings in a court relating to a patent (the first patent), the court is satisfied either:
that one or more persons are eligible persons in relation to an invention so far as claimed in any claim of the patent (the original claim) but that the patentee is not an eligible person; or
that the patentee and another person or persons are eligible persons in relation to an invention so far as claimed in any claim of the first patent (the original claim);
the court, in addition to any other order it may make in the proceedings, may, by order, declare that the persons who it is satisfied are eligible persons are eligible persons in relation to that invention so far as so claimed.
Subject to subsection (3), if a complete application is made under section 29 by one or more declared persons, the Commissioner may grant a patent for the invention, so far as claimed in the original claim, to those declared persons jointly.
If the Commissioner grants a patent under subsection (2), the claims of that patent have the same priority date as that of the original claim.
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