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Arjun's patent application in India relates to a drug delivery device. He is also prosecuting an application for the same invention in Japan. Under the Patents Act, 1970, what must he file regarding the foreign application, which also helps classification and search by the Patent Office?

He must file a statement with detailed particulars of the Japanese application and an undertaking to keep the Controller informed in writing of further foreign applications for the same or substantially the same invention up to the date of grant in India.

  1. AOnly a statement of the foreign application's filing fee
  2. BA statement of detailed particulars of the foreign application and an undertaking to keep the Controller informed of other such applications up to the date of grantCorrect
  3. CNothing, because foreign applications are irrelevant to Indian filings
  4. DAn undertaking to inform the Controller only after the Japanese patent is granted

Explanation

Section 8(1) requires a statement setting out detailed particulars of the foreign application and an undertaking to keep the Controller informed, up to the date of grant in India, of every other such application filed later. Merely reporting after the foreign grant is not what the section says.

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