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

The Controller issues a written notice to Sunrise Pharma, a patentee, asking for information on how far its patented invention has been commercially worked in India. Within what period must the patentee furnish it, and may the Controller publish it?

The patentee must furnish the information within two months of the notice, or any further time the Controller allows. The Controller may then publish the information received in the prescribed manner. Refusal or failure is punishable with a fine under section 122.

  1. AWithin two months of the notice or such further time as the Controller allows; the Controller may publish it as prescribedCorrect
  2. BWithin one month, and it can never be published
  3. CWithin six months, and publication needs the patentee's consent
  4. DWithin two months, with no extension possible, and no publication

Explanation

Under section 146(1) the patentee must furnish the information within two months from the notice or further time the Controller allows. Section 146(3) lets the Controller publish the information in the prescribed manner. Failure to furnish attracts a fine under section 122.

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