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

Meera, a patent office examiner, is asked by a private businessman over the phone whether a competitor's application, which is being processed by the office, has been objected to. There is no written direction from the Central Government or the Controller, and no court order. Under Section 76 of the Patents Act, 1970, what is the position?

She must not furnish the information. Section 76 prohibits patent office staff from disclosing matters dealt with under the Act unless the Act permits, or the Central Government or Controller directs in writing, or a court orders. None of these exists here, and verbal permission does not qualify.

  1. AShe may disclose it, as the information concerns a pending application of public interest
  2. BShe may disclose it if the businessman agrees to keep it confidential
  3. CShe must not furnish the information, as no authorisation, written direction or court order existsCorrect
  4. DShe may disclose it if her immediate superior gives verbal permission

Explanation

Section 76(a) bars an officer or employee from furnishing information on a matter being or having been dealt with under the Act, unless the Act authorises it or the Central Government or Controller directs in writing, or a court orders it. None of these exceptions applies, and verbal permission is not a written direction. The businessman's promise of confidence does not create any exception.

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