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Kalyani Devices, a patentee, deliberately submits to the Controller a statement on working of its patent under section 146, which it knows to be false. Which consequence is correct under the Patents Act, 1970?

Kalyani Devices is liable to imprisonment up to six months, or fine, or both. Section 122(2) punishes a person who furnishes a statement required under section 146 that they know or believe to be false. The fine-only penalty applies to mere refusal or failure to furnish.

  1. AFine only, up to ten lakh rupees, as for refusing to furnish information
  2. BImprisonment up to six months, or fine, or bothCorrect
  3. CImprisonment up to three years and compulsory revocation
  4. DNo penalty, as only a refusal to furnish is punishable

Explanation

Section 122(1) punishes refusal or failure to furnish with fine up to ten lakh rupees. Section 122(2) separately punishes furnishing information known or believed to be false with imprisonment up to six months, or fine, or both. The fine-only option confuses the refusal offence with the false-statement offence.

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