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

Rohan asks the Controller, in the prescribed manner, for information about a pending application. He asks for a matter that the rules do not prescribe as a subject of information, and he has paid the prescribed fee. Based on the wording of Section 153, which statement is most accurate?

The entitlement is limited to prescribed matters. Section 153 grants information only on matters that may be prescribed, for a specified patent or application, on request and payment of the prescribed fee, so a request outside the prescribed matters is not covered.

  1. AThe entitlement under Section 153 extends to any matter he chooses to ask about
  2. BThe entitlement is limited to matters that are prescribed, so it does not cover his requestCorrect
  3. CThe entitlement applies only to granted patents, not applications
  4. DThe fee payment alone makes the Controller bound to supply any information

Explanation

Section 153 covers information relating to 'such matters as may be prescribed'. Payment of fee does not widen that scope. It applies to both patents and applications, so the limit is the prescribed matters, not grant status.

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