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

Meera, a patent agent in Pune, wants to know the status of a pending patent application filed by Kiran Pharma Ltd. She writes to the Controller in the prescribed manner, specifies the application and pays the prescribed fee. Under the Patents Act, 1970, what is her position?

Meera is entitled to have the information supplied. Section 153 gives any person who requests the Controller in the prescribed manner, and pays the prescribed fee, information on prescribed matters about a specified patent or application. No consent or court order is needed.

  1. AShe is entitled to have information supplied on the prescribed matters about the specified applicationCorrect
  2. BShe cannot get any information until the patent is granted
  3. CShe may get the information only if Kiran Pharma Ltd. consents in writing
  4. DShe may get it only by order of a court

Explanation

Section 153 entitles a person who makes a request to the Controller in the prescribed manner for information on prescribed matters about a specified patent or application, subject to paying the prescribed fee, to have it supplied. Nothing in the section requires the applicant's consent or a court order, so the options requiring them are wrong.

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