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
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