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Arjun's company requested information under Section 153 about a patent specified in his request. Separately, an applicant for a different patent, Sunita, files an Indian application and is also prosecuting a corresponding application abroad. Which statement correctly distinguishes the two provisions on the given text?

Section 153 confers a right on a requester to obtain prescribed information on payment of the fee, whereas Section 8 imposes a duty on an applicant with a foreign application to file particulars and an undertaking. The two operate in opposite directions.

  1. ASection 153 obliges Sunita to file foreign application particulars, and Section 8 gives Arjun the right to information
  2. BSection 153 gives any requester a right to prescribed information on payment of a fee, while Section 8 places a duty on the applicant to give foreign application particulars and an undertakingCorrect
  3. CBoth sections give the public a right to demand information from applicants
  4. DBoth sections impose duties on the applicant only

Explanation

Section 153 is an entitlement of the requester, subject to the prescribed fee, to have prescribed information supplied. Section 8 is an obligation on an applicant prosecuting a foreign application for the same or substantially the same invention to file particulars and an undertaking to keep the Controller informed. The first option reverses the roles.

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