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Under Section 109(2) of the Patents Act, 1970, where the holder of an exclusive licence institutes an…

Section 109(2) provides that in an exclusive licensee's suit "the patentee shall, unless he has joined as a plaintiff in the suit, be added as a defendant". The patentee is…

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Under Section 109(2) of the Patents Act, 1970, where the holder of an exclusive licence institutes an infringement suit:

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Correct answer B

Section 109(2) provides that in an exclusive licensee's suit "the patentee shall, unless he has joined as a plaintiff in the suit, be added as a defendant". The patentee is therefore always a party, as plaintiff or as defendant, but he is not made a plaintiff against his will.

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