Sch. PATENTS ACT (as amended) claim of the specification before the amendment. (4) The request for an amendment of an accepted complete specification and its nature and the reasons therefor shall be advertised by the applicant in the Journal, and, at any time within three months of the advertisement or such further time as the Registrar, subject to such conditions as he may impose, may allow, any person may give notice at the Patent Office of opposition to the amendment. (5) Notice of opposition in terms of subsection (4) shall be given in the prescribed manner to the Registrar and to the person making the request, and the Registrar shall hear the person making the request and the person who has given notice of opposition and determine whether and subject to what conditions, if any, the amendment ought to be allowed. (6) Where a complete specification has not been accepted, the Registrar shall determine whether and subject to what conditions, if any, the amendment ought to be allowed. (7) No request for amendment under this section shall be allowed if and so long as any proceedings are pending for infringement or revocation of the patent in question. (8) An appeal shall lie from any decision of the Registrar made under this section. 38 Amendment of specification with leave of High Court or Tribunal In any action for infringement of a patent or any proceedings before the Tribunal for the revocation of a patent, the High Court or the Tribunal, as the case may be, may, subject to subsection (3) of section thirty-seven, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise as the High Court or the Tribunal may think fit, and, if in any such proceedings for revocation the Tribunal decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent. 39 Restrictions on recovery of damages in certain cases Where an amendment of a specification by way of disclaimer, correction or explanation has been allowed under this Act after the publication of the specification, no damages shall be awarded in any proceedings in respect of the use of the invention before the date of the decision allowing the amendment if the High Court or the Tribunal is satisfied that the specification as originally published was not framed in good faith and with reasonable skill and knowledge. 40 Savings for anticipation An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of the communication of the invention to a department of the State or to any person authorized by the Minister to investigate the invention or its merits or of anything done by any person whomsoever in consequence of such a communication for the purpose of the investigation. 41 Co-ownership of patents (1) Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent. (2) Subject to this section, where two or more persons are registered as patentees then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to make, use, exercise and vend the patented invention for his own benefit without accounting to the other or others. (3) Subject to subsections (6), (7) and (8) and to any agreement for the time being in force, a licence under a patent shall not be granted and a share in a patent shall not be assigned except with the consent of all persons, other than the licenser or assignor, who are registered as patentees. (4) Where a patented article is sold by one of two or more persons registered as patentees, the purchaser and any person claiming through him shall in respect of such article be entitled to deal with it in the same manner as if it had been sold by a sole patentee. (5) Subject to this section, the rules of law applicable to the ownership and devolution of movable property generally shall apply in relation to patents as they apply in relation to other incorporeal rights. (6) Where two or more persons are registered as patentees, the Registrar may, upon application made to him in the prescribed manner by any of those persons, give such directions in accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent or the exercise of any right under subsections (1) to (5) in relation thereto as he thinks fit. (7) If any person registered as patentee fails to execute any instrument or to do any other thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of the other persons so registered, the Registrar may, upon application made to him in the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default. (8) Before giving directions in pursuance of an application under subsection (6) or (7), the Registrar shall give an opportunity to be heard— (a) in the case of an application under subsection (6), to the other person or persons registered as patentees; (b) in the case of an application under subsection (7), to the person in default. (9) An appeal shall lie from any decision of the Registrar under this section. (10) No directions shall be given under this section so as to affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or their rights or obligations as such. 42 Disputes as to inventions made by joint inventors (1) Where a dispute arises between two or more persons as to the rights of the parties in respect of an invention made by those persons jointly or in respect of any patent to be granted in respect thereof, the Registrar may, upon application made to him in the prescribed manner, and after giving to each of the parties an opportunity to be heard, determine the matter in dispute and make such orders for giving effect to his decision as he considers expedient. (2) Upon an application made to him under subsection (1), the Registrar may, unless satisfied that one of the parties is entitled to the exclusion of the other or others to the benefit of the invention in respect of which the application is made, by order provide for the apportionment, between the parties or two or more of the parties, of the invention and of any patent to be granted in respect thereof in such manner as the Registrar considers just.