[CAP.400
Patents
37
(4) The licensee under any licence granted by virtue of the
endorsement of a patent under this section shall, unless in the case of
a licence the terms of which are settled by agreement the licence oth
erwise expressly provides, be entitled to call upon the patentee to
take proceedings to prevent any infringement of the patent, and jf the
patentee refuses or neglects to do so within two months after being
so called upon, the licensee may institute proceedings for the
infringement in his own name as if he were patentee, making the
patentee a defendant:
Provided that a patentee so added as defendant shall not be liable
for any costs unless he enters an appearance and takes part in the pro
ceedings.
(5) An application for the endorsement of a patent under this
section shall contain a statement. to be verified il; such manner as
ma" be prescribed. that the patentee is not precluded by contract
from granting licences under the patent, and the Registrar may
require from the applicant such further evidence as he may think
necessary.
(6) An application made under this section for the endorsement
of a patent of addition shall be treated as an application for the
endorsement of the patent for the main invention also, and an appli
cation, made under this section for the endorsement of a patent in
respect of which a patent of addition is in force shall be treated as
an application for the endorsement of the patent of addition also,
and where a patent of addition is granted in respect of a patent
already endorsed under this section. the patent of addition shall also
be so endorsed:
Provided that no royalty shall be paid by a licensee in respect of
such endorsement.
(7) All endorsements of patents under this section shall be entered
in the register and shall be published in the prescribed manner.
(8) An appeal shall lie from any decision of the Registrar under
this section.
36. (I) Within such time as may be prescribed after a patent has
been endorsed under section thirty-five, the patentee may apply to the
Registrar for cancellation of the endorsement and where such an
application is made and the balance paid of all renewal fees which
would have been payable if the patent had not been endorsed, the
Registrar may, if satisfied that there is 110 existing licence under the
patent or that all licensees under the patent consent to the application,
cancel the endorsement accordingly.
a
(2) Within th. prescribed period after patent has been endorsed
as aforesaid. any person who claims that the patentee is, and was at
Cancellation
of endorse
ment made
under section
35