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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

Ananya, an applicant, requests the Controller for information about the status of a particular pending patent application filed by a rival, including a PCT national phase application. Under the Patents Act, 1970, what is her entitlement?

Ananya may obtain the prescribed information about the specified patent or application by making a request to the Controller in the prescribed manner and paying the prescribed fee. The Act does not require the grant of the patent or the consent of the other applicant.

  1. AShe is entitled to the prescribed information on payment of the prescribed fee, made by request in the prescribed mannerCorrect
  2. BShe is entitled to the information free of charge as a member of the public
  3. CShe cannot get any information until the patent is granted
  4. DShe may obtain it only with the written consent of the rival applicant

Explanation

Section 153 entitles a person who makes a request to the Controller in the prescribed manner to information on prescribed matters about a specified patent or application, subject to the prescribed fee. No consent of the applicant or grant is required, and the fee is payable.

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