law: Patents Act, 1970
  26. In cases of "obtaining" controller may treat
  
  application as application of opponent
  (1) Where in any opposition proceeding under this Act-
  (a) the Controller finds that the invention,
  
  so far as claimed in any claim of the complete specification was obtained from
  
  the opponent in the manner set out in clause (a) of sub-section (1) of section
  
  25 and refuses the application on that ground, he may, on request by such opponent
  
  made in the prescribed manner, direct that the application shall proceed in the
  
  name of the opponent as if the application and the specification had been filed
  
  by the opponent on the date on which they were actually filed;
  (b) the Controller finds that a part of an
  
  invention described in the complete specification was so obtained from the
  
  opponent and passes an order requiring that the specification be amended by the
  
  exclusion of that part of the invention, the opponent may, subject to the
  
  provisions of sub-section (2), file an application in accordance with the
  
  provisions of this Act accompanied by a complete specification for the grant of
  
  a patent for the invention so excluded from the applicant's specification, and
  
  the Controller may treat such application and specification as having been
  
  filed, for the purposes of this Act relating to the priority dates of claims of
  
  the complete specification, on the date on which the corresponding document was
  
  or was deemed to have been filed by the earlier applicant, but for all other
  
  purposes the application of the opponent shall be proceeded with as an
  
  application for a patent under this Act.
  (2) Where an opponent has, before the date of the order of the
  
  Controller requiring the amendment of a complete specification referred to in
  
  clause (b) of sub-section (1), filed an application for a patent for an
  
  invention which included the whole or a part of the invention held to have been
  
  obtained from him and such application is pending, the Controller may treat
  
  such application and specification insofar as they relate to the invention held
  
  to have been obtained from him, as having been filed, for the purposes of this
  
  Act relating to the priority dates of claims of the complete specification, on
  
  the date on which the corresponding document was or was deemed to have been
  
  filed by the earlier applicant, but for all other purposes the application of
  
  the opponent shall be proceeded with as an application for a patent under this
  
  Act.