Patents Act, 1970

Grant of patent to true and first inventor where it has been obtained by another in fraud of him.

52. (1) [Where the patent has been revoked under section 64]on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he claims, or, where in a petition for revocation, the[[***] Court]instead of revoking the patent, directs the complete specification to be amended by the exclusion of a claim or claims in consequence of a finding that the invention covered by such claim or claims had been obtained from the petitioner, the [[***] Court]may, by order passed in the same proceeding, permit the grant to the petitioner of the whole or such part of the invention which the [[***] Court]finds has been wrongfully obtained by the patentee, in lieu of the patent so revoked or is excluded by amendment.

(2) Where any such order is passed, the Controller shall, on request by the petitioner made in the prescribed manner, grant to him-

(i)	-	in cases where the [[***] Court]permits the whole of the patent to be granted, a new patent bearing the same date and number as the patent revoked;
(ii)	-	in cases where the [ .... To read the full section download the app from Google Play store Latest Job Openings View all ARTICLESHIP 15 May 2026 ARTICLE ASSISTANT, TRAINEE AND PAID ASSISTANT YOGESH KAPOOR AND ASSOCIATES New Delhi B.Com View Details 24 May 2026 Accounts & Tax Executive PARAS KHURANA AND CO New Delhi B.Com View Details ARTICLESHIP 14 May 2026 CA ARTICLE PRAVEEN GARG & CO Faridabad CA Foundation View Details 19 May 2026 Accountant ca kunjan Mumbai CA Inter View Details 07 May 2026 CA Assistant amit desai and co Mumbai CA Final View Details ARTICLESHIP 23 May 2026 Article Assistants Acupro Consulting Gurgaon CA Inter View Details 19 May 2026 Fundraising Expert MentorsWorld Ventures Private Limited Ahmedabad Others View Details ARTICLESHIP 30 April 2026 Article Assistant J SINGH & ASSOCIATES Ahmedabad CA Inter View Details Share  Facebook  Twitter  Linkedin  Reddit  Email  Whatsapp  Gmail  Pocket  Print  Pinterest  PDF  Translate Whatsapp Groups GST Income Tax CA Final CA Inter CAclubindia Login at CAclubindia CAclubindia India's largest network for finance professionals User Name Password Remember Me Forgot Password ? Alternatively, you can log in using: Login with Google Don't have an account? Register Now click here to register