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

Meenakshi Pharma holds an Indian patent. The Controller sends it a written notice during the continuance of the patent asking for information on the extent to which the invention has been commercially worked in India. By when must the information be furnished, under the Patents Act, 1970?

The information must be furnished within two months from the date of the Controller's notice, or within any further time the Controller allows. Section 146(1) fixes this period for patentees and licensees asked about commercial working of the patented invention in India.

  1. AWithin two months from the date of the notice, or such further time as the Controller allowsCorrect
  2. BWithin one month from the date of the notice, with no extension
  3. CWithin six months from the date of the notice, with no extension
  4. DWithin two months from the date the patent was granted

Explanation

Under section 146(1), the Controller may by written notice require a patentee or licensee to furnish information on commercial working in India within two months from the date of the notice or within such further time as the Controller may allow. The period runs from the notice, not from grant.

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