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

Kavita wants to know the status of a pending patent application filed by a competitor. Under the Patents Act, 1970, how can she obtain information on matters prescribed for that application?

Kavita may make a request to the Controller in the prescribed manner for information on prescribed matters about the specified application. On paying the prescribed fee she is entitled to have the information supplied. Informal requests to office staff are not the statutory route.

  1. AShe must obtain a court order in every case
  2. BShe can request the Controller in the prescribed manner and, on paying the prescribed fee, is entitled to have the information suppliedCorrect
  3. CShe can ask any patent office employee to search the records informally
  4. DThe information is available only to the applicant

Explanation

Section 153 entitles a person who makes a request to the Controller in the prescribed manner, and pays the prescribed fee, to information on prescribed matters about a specified patent or application. Section 76 bars officers from informal searching or furnishing information unless authorised.

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