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

Rohan, an employee in the patent office, is asked by an inventor to help draft the specification the inventor intends to lodge in that same office. Rohan agrees to do it after office hours without any fee. Under section 76 of the Patents Act, 1970, how is this act viewed?

The act is prohibited. Section 76(b) stops patent office employees from preparing or assisting in preparing any document to be lodged in the patent office, unless the Act authorises it or a written direction or court order exists. Doing it free or after hours makes no difference.

  1. APermitted, since he receives no fee
  2. BPermitted, since it is done outside office hours
  3. CProhibited, because an employee may not prepare or assist in preparing a document to be lodged in the patent office unless an exception appliesCorrect
  4. DPermitted, provided the inventor is an Indian resident

Explanation

Section 76(b) bars 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, except when required or authorised by the Act, or by written direction or court order. Absence of a fee, timing or residence of the inventor creates no exception.

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