(b) his or her knowledge or consent, and that the knowledge acquired or the matter disclosed or used was derived or obtained from him or her, and, if he or she learnt of the disclosure, use or knowledge before the priority date of the invention, that he or she applied for and obtained protection for his or her invention with all reasonable diligence after learning of the disclosure, use or knowledge; or as a result of the invention being worked in the Republic by way of reasonable technical trial or experiment by the applicant or patentee or the predecessor in title of the applicant or patentee. [S. 26 substituted by s. 32 of Act No. 38 of 1997.] 27. 28. 29. Who may apply for a patent. (1) An application for a patent in respect of an invention may be made by the inventor or by any other person acquiring from him the right to apply or by both such inventor and such other person. (2) In the absence of an agreement to the contrary, joint inventors may apply for a patent in equal undivided shares. Disputes as to rights in or to inventions or patents. (1) Where a dispute arises between persons as to their rights to obtain a patent for or to make, use, exercise or dispose of an invention, or as to the right to or title in a patent, any such party may apply to the commissioner to decide the matter in dispute, and the commissioner shall decide the matter in dispute. (2) If the commissioner is satisfied that a person, not being obliged thereto, is unable or unwilling to exercise his right to participate in an application for a patent, the commissioner may order that person to execute an assignment, in order that the application may be made without such participation: Provided that where it appears to the commissioner to be just and equitable, he may order the payment of compensation to the non-participating person. (3) In any order declaring that a person has a right to the exclusion of any other person to apply for a patent, the commissioner may direct that such other person execute any deed of assignment that may be required and that such deed of assignment extend to countries outside the Republic. Joint ownership of applications. (1) Subject to the provisions of subsection (2), joint applicants for a patent shall in default of an agreement to the contrary have equal undivided shares in the application and none of them may without the consent of the other joint applicant or applicants deal in any way with the application: Provided that if any proceedings are required to save the application from becoming abandoned, any applicant may institute such proceedings on behalf of himself and any other joint applicant. (2) (a) If any dispute arises between joint applicants as to their respective rights in and to an application for a patent or as to the manner in which the application is to be proceeded with or