Skip to content

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

Meera, a junior examiner in the patent office, is approached by a friend who works for a pharma company. The friend asks her to tell him the present status of a pending application filed by a rival firm. No direction has been issued by the Central Government or the Controller, and no court order exists. What is the position under the Patents Act, 1970?

Meera must not give the information. Section 76 prohibits patent office staff from furnishing information on matters dealt with under the Act unless the Act requires or authorises it, or the Central Government or Controller directs in writing, or a court orders. None applies here.

  1. AShe may disclose it because the application is pending and not yet granted
  2. BShe may disclose it if the friend promises to keep it confidential
  3. CShe must not furnish the information, as no required or authorised exception appliesCorrect
  4. DShe may disclose it if her immediate senior verbally agrees

Explanation

Section 76 bars an officer or employee of the patent office from furnishing information on a matter being or having been dealt with under the Act. The exceptions are only where the Act requires or authorises it, or a written direction of the Central Government or the Controller, or a court order. A friend's promise or a verbal nod from a senior is not among them.

Did you get it right without looking?

One question tells you little. A timed set on Patent Databases and Patent Information System shows your real accuracy, how long you take and where you lose marks.

Practise Patent Databases and Patent Information SystemFree diagnostic mock

More Patent Databases and Patent Information System questions