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

A court, in a pending suit, orders the patent office to let a named officer, Sunil, search its records for entries relating to a particular patent. Sunil conducts the search and reports to the court. Is Sunil in breach of Section 76?

Sunil is not in breach. Section 76(c) forbids searching patent office records except where authorised by the Act, directed in writing by the Central Government or Controller, or ordered by a court. The court order alone suffices without any additional consent.

  1. AYes, because only the Controller can authorise a search of records
  2. BYes, because Section 76 prohibits all searches by employees
  3. CNo, because Section 76(c) allows a search when done under an order of a courtCorrect
  4. DNo, but only if the Central Government also consents

Explanation

Section 76 prohibits conducting a search in the patent office records except when required or authorised by the Act, directed in writing by the Central Government or the Controller, or ordered by a court. A court order is an independent exception, so no further consent is needed.

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