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

Ravi, an employee in the patent office, is asked by a friend to conduct a search in the patent office records for a private client. There is no direction from the Controller, the Central Government or any court. Under the Patents Act, 1970, what is the legal position?

Ravi's search is prohibited. Section 76 bars patent office employees from conducting a search in the office records unless the Act requires or authorises it, the Central Government or Controller directs in writing, or a court orders it. None of these exists here.

  1. APermitted, as searching records is a routine duty of every employee
  2. BPermitted if the friend pays the prescribed fee to Ravi
  3. CProhibited, since an officer or employee shall not conduct a search in the records except when required or authorised by the Act, a written direction or a court orderCorrect
  4. DProhibited only if the search relates to a granted patent

Explanation

Section 76(c) bars an officer or employee of the patent office from conducting a search in the records unless required or authorised by the Act, directed in writing by the Central Government or the Controller, or ordered by a court. None applies here. The restriction is not limited to granted patents.

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