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

A patent office officer is served with an order of a competent court directing him to produce details of how a particular application was dealt with. He complies. A colleague alleges he breached section 76 of the Patents Act, 1970. Which statement is correct?

He did not breach section 76. The section forbids furnishing information on matters dealt with under the Act except when required or authorised by the Act, by written direction of the Central Government or Controller, or by order of a court. A court order is an express exception.

  1. AHe breached it, since only the Central Government can authorise disclosure
  2. BHe breached it, since only the Controller can authorise disclosure
  3. CHe did not breach it, because disclosure by order of a court is an exception under section 76Correct
  4. DHe breached it, since disclosure is barred absolutely for officers

Explanation

Section 76 opens with the exceptions: when required or authorised by the Act, under a written direction of the Central Government or the Controller, or by order of a court. A court order is therefore expressly covered. Options saying only the Government or Controller can authorise ignore the court-order limb.

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