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

Rahul, an employee in the patent office, is approached by an inventor, Kavita, who wants him to draft the complete specification she intends to lodge in the patent office, for a fee. No direction or order exists. Which statement is correct under Section 76?

Rahul must not prepare or assist in preparing the specification. Section 76(b) bars patent office employees from preparing documents to be lodged in the office unless the Act authorises it or a written direction or court order exists. Office hours and filing stage are irrelevant.

  1. ARahul may assist, because drafting does not involve furnishing information
  2. BRahul may assist if he does it outside office hours
  3. CRahul may assist only if the application is not yet filed
  4. DRahul must not prepare or assist in preparing the document, unless authorised by the Act, a written direction or a court orderCorrect

Explanation

Section 76(b) forbids an officer or employee from preparing or assisting in preparing a document required or permitted under the Act to be lodged in the patent office, unless required or authorised by the Act, directed in writing, or ordered by a court. Timing, office hours or the filing stage make no difference to this prohibition.

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