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CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

Arjun Pharma has validly requested examination of its application. Under section 12(1), which of the following is NOT among the matters on which the examiner reports to the Controller?

Commercial profitability of the invention is not a matter on which the examiner reports. Section 12(1) covers compliance with the Act and rules, lawful grounds of objection, section 13 investigation results, and any other prescribed matter.

  1. AWhether the application and specification comply with the Act and rules
  2. BWhether there is any lawful ground of objection to the grant of the patent
  3. CThe result of investigations made under section 13
  4. DWhether the invention will be commercially profitable for the applicantCorrect

Explanation

Section 12(1) lists compliance with the Act and rules, lawful grounds of objection, results of section 13 investigations, and any other prescribed matter. Commercial profitability is not a listed matter, so option 4 is the correct exception.

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