[CAP.400 Patents 37 (4) The licensee under any licence granted by virtue of the endorsement of a patent under this section shall, unless in the case of a licence the terms of which are settled by agreement the licence oth­ erwise expressly provides, be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and jf the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as if he were patentee, making the patentee a defendant: Provided that a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the pro­ ceedings. (5) An application for the endorsement of a patent under this section shall contain a statement. to be verified il; such manner as ma" be prescribed. that the patentee is not precluded by contract from granting licences under the patent, and the Registrar may require from the applicant such further evidence as he may think necessary. (6) An application made under this section for the endorsement of a patent of addition shall be treated as an application for the endorsement of the patent for the main invention also, and an appli­ cation, made under this section for the endorsement of a patent in respect of which a patent of addition is in force shall be treated as an application for the endorsement of the patent of addition also, and where a patent of addition is granted in respect of a patent already endorsed under this section. the patent of addition shall also be so endorsed: Provided that no royalty shall be paid by a licensee in respect of such endorsement. (7) All endorsements of patents under this section shall be entered in the register and shall be published in the prescribed manner. (8) An appeal shall lie from any decision of the Registrar under this section. 36. (I) Within such time as may be prescribed after a patent has been endorsed under section thirty-five, the patentee may apply to the Registrar for cancellation of the endorsement and where such an application is made and the balance paid of all renewal fees which would have been payable if the patent had not been endorsed, the Registrar may, if satisfied that there is 110 existing licence under the patent or that all licensees under the patent consent to the application, cancel the endorsement accordingly. a (2) Within th. prescribed period after patent has been endorsed as aforesaid. any person who claims that the patentee is, and was at Cancellation of endorse­ ment made under section 35