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

Anand Labs, a patentee, has received no notice from the Controller. It is told by its advisor that it need not file any working statement until asked. Which statement is correct under the Patents Act, 1970?

The advice is incorrect. Under section 146(2), every patentee and licensee must furnish statements on commercial working in India in the prescribed manner and form, at prescribed intervals of not less than six months, whether or not the Controller has issued a notice.

  1. AIncorrect; every patentee and licensee must furnish working statements in the prescribed manner and form at prescribed intervals, which cannot be less than six monthsCorrect
  2. BCorrect; statements are due only when the Controller issues a notice
  3. CIncorrect; statements must be filed every month
  4. DCorrect; the duty applies only to exclusive licensees

Explanation

Section 146(2), without prejudice to sub-section (1), imposes a standing duty on every patentee and licensee to furnish statements on commercial working in India in the prescribed manner, form and intervals. The intervals cannot be less than six months. A notice is not a precondition, and monthly filing is not the rule.

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