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

Kavya requests information from the Controller about an application, specifying it clearly and following the prescribed manner of request, but she has not paid the prescribed fee. Which statement correctly reflects Section 153?

Her entitlement depends on paying the fee. Section 153 makes the right to have information supplied subject to payment of the prescribed fee, so a request made without the fee does not give her the statutory entitlement to the information.

  1. AShe is entitled to the information free of charge as a member of the public
  2. BShe is entitled to the information only if the applicant is an Indian resident
  3. CHer entitlement is subject to payment of the prescribed fee, so it is not complete without itCorrect
  4. DThe Controller must supply the information and recover the fee as a fine later

Explanation

Section 153 makes the entitlement 'subject to the payment of the prescribed fee'. Without the fee, the statutory entitlement does not arise. Nothing in the section links it to residence or to later fine recovery.

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