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CS Professional · Intellectual Property Rights - Law and Practice · Patent Databases and Patent Information System

A clerk in the patent office, at the request of a friend, conducts a search of the office records to identify patents in a given classification, without any written direction of the Central Government or Controller and without a court order. What is the legal position under the Patents Act, 1970?

The clerk's search is not permitted. An officer or employee of the patent office cannot conduct a search in the records unless the Act requires or authorises it, the Central Government or Controller directs in writing, or a court orders it. None of these exists here.

  1. APermitted, because classification searches are public
  2. BPermitted if the friend pays the prescribed fee to the clerk
  3. CNot permitted, as an officer or employee may not conduct a search in the records unless required or authorised by the Act, or directed in writing by the Central Government or Controller, or ordered by a courtCorrect
  4. DPermitted if the search relates only to expired patents

Explanation

Section 76 forbids officers and employees from furnishing information on matters dealt with under the Act, assisting in preparing documents to be lodged, or conducting a search in the office records, except when required or authorised by the Act, directed in writing by the Central Government or Controller, or ordered by a court. None of these applies here.

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