Mr.X is an industrialist, manufacturer of pens, chalks, dusters and

other educational materials. There has been a persistent complaint from the

customers that the chalks manufactured by him, have a lot of dust and it is

troublesome to clean the board after writing. The Research and Development

division of Mr.X came up with innovative chalks. The chalks are absolutely

dust free and the writing of the chalks gets vanished automatically after

certain time.

Mr. X applied for registration of the patent for this product and has

got the patent. Subsequent to the patent granted, he continued with the

production for five years after which he stopped the production. The reason

was the lack of demand because of the heavy cost of the product.

Mr. Y a College lecturer independently made research on the similar

type of chalks and came out with the same quality chalks with much less

cost. He applied for patents which was objected by Mr.X on the ground that-

* Patent for the same product is registered in his name.

* The product developed by Mr.Y is not an innovative but it is the

imitation of his patented product.

Mr.Y claimed that-

* The product patented by Mr.X is not in use as he has stopped

the production.

* The product invented by Mr.Y is different than that of Mr.X's

product in many respects such as shape, quality, cost, etc.

* Mr.Y who is a lecturer in a Government college, has carried out

the research on this product as a part of his academic work.

* He wants to produce the chalks exclusively for the Government

colleges.

Discuss the rights of Mr.X and Mr. Y as per the provisions of

Patents Act 1970.