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Lakshmi Pharma Ltd, a patentee, receives no notice from the Controller. A rule prescribes the form and intervals for statements on working of the patent. Which proposition is correct under section 146(2)?

Every patentee and licensee must furnish statements on commercial-scale working in India in the prescribed manner and form at prescribed intervals of not less than six months. Under section 146(2) this duty is independent of any Controller's notice under section 146(1).

  1. AThe duty to furnish working statements arises only when the Controller issues a notice
  2. BThe patentee and every licensee must furnish statements on commercial-scale working in India at prescribed intervals, which cannot be less than six months, apart from any noticeCorrect
  3. COnly the patentee, not licensees, must furnish periodic statements
  4. DStatements are required only once, at the time of grant

Explanation

Section 146(2) operates without prejudice to sub-section (1). Every patentee and every licensee, exclusive or otherwise, must furnish statements on working on a commercial scale in India in the prescribed manner and form, at prescribed intervals not less than six months. The duty therefore exists independently of any notice.

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