Skip to content

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

Ravi, an examiner's assistant 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 written direction from the Central Government or the Controller and no court order. Under the Patents Act, 1970, what is the position?

Ravi cannot conduct the search. Section 76 prohibits patent office officers and employees from conducting searches in the office records, furnishing information on matters dealt with under the Act, or assisting in preparing documents, unless the Act authorises it, a written direction is given, or a court orders it.

  1. APermitted, as searching records is a routine duty of any employee
  2. BPermitted if the friend pays a fee to Ravi personally
  3. CNot permitted, as an officer or employee shall not conduct a search in the records except when required or authorised by the Act, by written direction, or by court orderCorrect
  4. DPermitted if the search relates only to patents already granted

Explanation

Section 76 bars an officer or employee of the patent office from furnishing information on matters dealt with under the Act, assisting in preparing documents, or conducting a search in the records, unless required or authorised by the Act, directed in writing by the Central Government or Controller, or ordered by a court. None applies here, and the section makes no exception for granted patents.

Did you get it right without looking?

One question tells you little. A timed set on Patent Databases and Patent Information System shows your real accuracy, how long you take and where you lose marks.

Practise Patent Databases and Patent Information SystemFree diagnostic mock

More Patent Databases and Patent Information System questions