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

Ramesh Industries holds a patent. Kaveri Tech is its non-exclusive licensee. The Controller issues a written notice to Kaveri Tech seeking a statement on the commercial working of the invention in India. Kaveri Tech argues that only the patentee can be called upon. Which position is correct?

Kaveri Tech is wrong. Section 146(1) allows the Controller to require a patentee or a licensee, whether exclusive or otherwise, to furnish information on commercial working in India. A non-exclusive licensee is covered, and no prior default by the patentee is needed.

  1. AKaveri Tech is wrong; the Controller may require a licensee, exclusive or otherwise, to furnish the informationCorrect
  2. BKaveri Tech is right; only the patentee can be required to furnish it
  3. CKaveri Tech is right; only an exclusive licensee can be required to furnish it
  4. DKaveri Tech is wrong, but only if the patentee has first failed to reply

Explanation

Section 146(1) lets the Controller require a patentee or a licensee, exclusive or otherwise, to furnish information. A non-exclusive licensee is therefore covered. The Act does not make the licensee's duty depend on the patentee's default.

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