391. Disputes two years after grant.

391.     Disputes two years after grant.

Where a question as to entitlement to a patent is referred to the comptroller1 or proceedings are commenced invoking the jurisdiction of the court2 the second anniversary of the date of the grant of the patent3:


    (1)     the comptroller may not make an order transferring the patent in question4 or allowing a new application to be made5; and


    (2)     the court, in exercise of its declaratory jurisdiction6, may not determine the question whether the patent was granted to a person not so