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

On 1 March, the Controller sends a written notice to Veda Pharma Pvt Ltd, a patentee whose patent is in force, asking for information on the extent to which the patented invention has been commercially worked in India. Within what period must Veda Pharma furnish the information, unless the Controller allows further time?

Veda Pharma must furnish the information 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 information on the commercial working of the patented invention in India.

  1. AWithin two months from the date of the noticeCorrect
  2. BWithin one month from the date of the notice
  3. CWithin three months from the date of the notice
  4. DWithin six months from the date of the notice

Explanation

Section 146(1) requires the patentee or licensee to furnish the information within two months from the date of the notice, or within such further time as the Controller may allow. One month and three months are not the period stated. Six months is the minimum interval for the periodic statements under section 146(2), not the period for responding to a notice.

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