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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

In an infringement suit before a court, a technical question arises about whether a process used by the defendant is the same as the patented process. Under section 115 of the Patents Act, 1970, what may the court do?

The court may appoint an independent scientific adviser at any time, whether or not a party applies, to assist it or report on a question of fact or opinion, but not on interpretation of law. Remuneration is fixed by the court and paid from parliamentary funds.

  1. AAppoint an independent scientific adviser only on a party's application, to decide the interpretation of law
  2. BAppoint an independent scientific adviser at any time, even without application, to report on a question of fact or opinion not involving interpretation of lawCorrect
  3. CRefer the question to the Controller, who must decide it finally
  4. DAppoint a scientific adviser whose fee is paid by the plaintiff

Explanation

Section 115(1) lets the court appoint an independent scientific adviser at any time, with or without a party's application, on questions of fact or opinion not involving interpretation of law. Under 115(2) remuneration is fixed by the court and paid from moneys provided by Parliament, not by the plaintiff.

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