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

Kaveri Textiles Pvt Ltd is the exclusive licensee of a patent owned by Mr Anand Rao. The Controller sends a written notice to the patentee only, but not to Kaveri, asking about commercial working in India. Kaveri argues it cannot be required to give information because it is not the patentee. Which statement is correct under the Patents Act, 1970?

The Controller may require a licensee, whether exclusive or otherwise, to furnish working information by written notice during the continuance of the patent. Section 146(1) covers both patentees and licensees, so Kaveri cannot avoid the requirement merely because it is not the patentee.

  1. AThe Controller can require information only from the patentee and never from a licensee
  2. BThe Controller can require such information from a licensee, exclusive or otherwise, by written notice during the continuance of the patentCorrect
  3. CThe Controller can require information from a licensee only if the licence is non-exclusive
  4. DThe Controller can require information from a licensee only after the patent has expired

Explanation

Section 146(1) lets the Controller, by written notice at any time during the continuance of the patent, require a patentee or a licensee, exclusive or otherwise, to furnish the information. So Kaveri's argument fails. Limiting it to non-exclusive licensees or to after expiry has no basis in the section.

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