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

The Controller serves a written notice on a patentee, Vikram Industries, under Section 146 asking for information on the extent to which the patented invention has been commercially worked in India. Which statement correctly reflects the Act, contrasted with the Section 76 confidentiality rule for officers?

The patentee must furnish the information within two months of the notice, or such further time as the Controller allows, and the Controller may publish what is received. Section 76 secrecy for officers does not override this, since the Act itself authorises publication.

  1. AThe patentee may ignore the notice because officers must keep matters confidential
  2. BThe patentee must furnish the information within two months or such further time as the Controller allows, and the Controller may publish itCorrect
  3. CThe patentee must furnish it within thirty days, and it can never be published
  4. DThe patentee need only furnish it if a court so directs

Explanation

Section 146(1) lets the Controller require a patentee or licensee to furnish information within two months or such further time as allowed. Section 146(3) lets the Controller publish the information received. Section 76 restricts officers from disclosing matters except as the Act authorises, and the Act itself authorises this publication.

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