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

Meera, a researcher at a Pune start-up, wants to know the status of a patent application filed by a competitor. She sends the Controller a request in the prescribed manner for information on a matter that has been prescribed, naming the application, and pays the prescribed fee. Under Section 153 of the Patents Act, 1970, what is her position?

Meera is entitled to the information. Section 153 entitles any person who requests prescribed information about a specified patent or application in the prescribed manner, and pays the prescribed fee, to have it supplied. No agent status, grant or consent is required.

  1. AShe is entitled to have the information supplied to herCorrect
  2. BShe can receive it only if she is a registered patent agent
  3. CShe can receive it only after the patent is granted
  4. DShe can receive it only with the applicant's written consent

Explanation

Section 153 gives any person who makes a request in the prescribed manner for prescribed information about a specified patent or application, and pays the prescribed fee, an entitlement to have the information supplied. It does not require the requester to be an agent, to wait for grant, or to obtain the applicant's consent.

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