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

Anil, an examiner, is told by the Controller orally in a corridor to run a search in the patent office records for a private party's prior-art query. No written direction exists, and no provision of the Act requires the search. Anil conducts the search. Considering section 76 of the Patents Act, 1970, what is the correct assessment?

The search is not within the exception. Section 76(c) prohibits conducting searches in patent office records unless the Act requires or authorises it, or there is a written direction of the Central Government or Controller, or a court order. An oral instruction in a corridor is not a written direction.

  1. AValid, because the Controller is the head of the office and his oral instruction suffices
  2. BValid, because searching records is a routine examiner function in every case
  3. CNot covered by the exception, because the section requires a direction in writing of the Central Government or the Controller, or authorisation by the Act, or a court orderCorrect
  4. DValid, because a search is not covered by section 76

Explanation

Section 76(c) bars an officer or employee from conducting a search in the records of the patent office except when required or authorised by the Act, or under a direction in writing of the Central Government or Controller, or by court order. An oral instruction is not a direction in writing, and nothing else authorises the search. Hence the exception is not satisfied.

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