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

Bharat Polymers Pvt Ltd wants details about the status of a patent application filed by a competitor, Sudarshan Chemicals. It makes a request to the Controller in the prescribed manner for information on prescribed matters about that application and pays the prescribed fee. Under the Patents Act, 1970, what is Bharat Polymers' position?

Bharat Polymers is entitled to receive the information. Section 153 gives any person who requests the Controller in the prescribed manner for prescribed information about a patent or application a right to it on paying the prescribed fee. No consent from the applicant or court order is needed.

  1. AIt is entitled to have the information supplied to it, subject to payment of the prescribed feeCorrect
  2. BIt cannot get any information until the patent has been granted and sealed
  3. CIt must first obtain the written consent of Sudarshan Chemicals
  4. DIt can obtain information only through a court order

Explanation

Section 153 entitles a person who requests the Controller in the prescribed manner for information on prescribed matters about a specified patent or application to have it supplied, subject to the prescribed fee. The Act does not require the applicant's consent or a court order, so the options that impose these conditions are wrong.

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