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

Kavita, a patent office employee, wants to avoid any dispute under the Patents Act, 1970. Which of the following acts by her is NOT covered by the prohibitions in section 76 (assuming no exception applies)?

Acquiring a patent right by inheritance is not covered by section 76. That section bars furnishing information, helping prepare documents for lodging, and conducting record searches. Interests in patents are governed by section 75, which allows acquisition by inheritance or bequest.

  1. AFurnishing information on a matter that has been dealt with under the Act
  2. BAssisting in preparing a document to be lodged in the patent office
  3. CConducting a search in the records of the patent office
  4. DAcquiring by inheritance a right in a patent issued by that officeCorrect

Explanation

Section 76 prohibits three things: furnishing information, preparing or assisting in preparing documents to be lodged, and conducting searches. Acquiring a patent interest is dealt with separately in section 75, which bars acquiring any right or interest in a patent issued by the office except by inheritance or bequest. Inheritance is permitted there and falls outside section 76.

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