Download Patents Act, 1970 MCQs Set - 1 PDF

 

1. Section Preamble of the Patents Act, 1970 deals with:

a. Grant of compulsory licences

b. Amendment and consolidation of the law relating to patents

c. Registration of industrial designs

d. Protection of copyrights

 

2. The Patents Act, 1970 is enacted as:

a. Act No. 29 of 1970

b. Act No. 40 of 1970

c. Act No. 39 of 1970

d. Act No. 30 of 1970

 

3. The Patents Act, 1970 received the assent of the President on:

a. 2nd October, 1970

b. 15th August, 1970

c. 26th January, 1971

d. 19th September, 1970

 

4. The enacting formula of the Patents Act, 1970 states that it was enacted by:

a. Parliament in the Twenty-first Year of the Republic of India

b. The President of India

c. The Constituent Assembly

d. The Council of States alone

 

5. Which of the following statements is correct under the Preamble of the Patents Act, 1970?

a. The Act merely consolidates the law relating to patents.

b. The Act consolidates all intellectual property laws.

c. The Act applies only to patent litigation.

d. The Act amends and consolidates the law relating to patents.

 

6. Section 1 of the Patents Act, 1970 deals with:

a. Definitions under the Act

b. Application for patents

c. Short title, extent and commencement

d. Powers of the Controller

 

7. Under Section 1, this Act may be called:

a. The Indian Patents Act, 1970

b. The Patent Law Act, 1970

c. The Patents Act, 1971

d. The Patents Act, 1970

 

8. The territorial extent of the Patents Act, 1970 extends to:

a. The whole of India

b. Such States as may be notified by the Central Government

c. Union Territories only

d. Such areas as the Central Government may specify

 

9. A notification appointing the date on which the Patents Act, 1970 comes into force is to be issued by:

a. The Controller

b. The President

c. The Central Government in the Official Gazette

d. Parliament by resolution

 

10. The Patents Act, 1970 comes into force:

a. Immediately upon receiving the President's assent

b. On such date as the Central Government may, by notification in the Official Gazette, appoint

c. On the first day of the next financial year

d. Thirty days after its publication in the Official Gazette

 

11. The proviso to Section 1 permits the Central Government to:

a. Appoint only one common date for the entire Act

b. Postpone the commencement of the Act indefinitely without notification

c. Appoint different dates for different provisions of the Act

d. Bring the Act into force only after approval of Parliament

 

12. Where different dates are appointed for different provisions of the Patents Act, 1970, a reference in any such provision to the commencement of the Act shall be construed as a reference to:

a. The commencement of the entire Act

b. The date of Presidential assent

c. The date of publication in the Official Gazette

d. The coming into force of that provision

 

13. The Patents Act, 1970 was brought into force on:

a. 19th September, 1970

b. 26th January, 1971

c. 1st April, 1978

d. 1st July, 1978

 

14. Section 2 of the Patents Act, 1970 primarily deals with:

a. Grant of patents

b. Definitions and interpretation

c. Patentability of inventions

d. Compulsory licences

 

15. Under Section 2(1), the definitions contained in the Patents Act, 1970 apply:

a. In every case without exception

b. Only to proceedings before the Controller

c. Unless the context otherwise requires

d. Only to civil proceedings

 

16. Under Section 2(1)(ab), the expression "assignee" includes:

a. Only the immediate assignee

b. Only the legal representative of the assignor

c. Only the assignee of a deceased assignee

d. The assignee of the assignee and the legal representative of a deceased assignee

 

17. References to the assignee of any person under Section 2(1)(ab) include references to:

a. Only the legal representative of that person

b. The assignee of the legal representative or assignee of that person

c. The heirs of that person only

d. The executor appointed by a court only

 

18. Under Section 2(1)(aba), the "Budapest Treaty" refers to the treaty:

a. On international registration of patents

b. On cooperation in patent examination

c. On the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure

d. On protection of industrial designs

 

19. The Budapest Treaty referred to in Section 2(1)(aba) was done at Budapest on:

a. 19th September, 1970

b. 1st April, 1978

c. 28th April, 1977

d. 1st January, 1975

 

20. Under Section 2(1)(aba), references to the Budapest Treaty include:

a. Only the treaty as originally adopted

b. The treaty as amended and modified from time to time

c. Only amendments approved by Parliament

d. Only modifications notified by the Central Government

 

21. An invention is "capable of industrial application" under Section 2(1)(ac) if it is:

a. Commercially profitable

b. Capable of export

c. Capable of being made or used in an industry

d. Registered with the Controller

 

22. "Controller" under Section 2(1)(b) means:

a. The Secretary, Department for Promotion of Industry and Internal Trade

b. The Controller General of Patents, Designs and Trade Marks referred to in Section 73

c. The Registrar of Companies

d. The Chairperson of the Intellectual Property Appellate Board

 

23. A "convention application" under Section 2(1)(c) means:

a. An application filed under the Patent Cooperation Treaty

b. An application for compulsory licence

c. An application for a patent made by virtue of Section 135

d. An application made before the Controller under Section 73

 

24. Under Section 2(1)(d), a "convention country" includes:

a. Only a sovereign country

b. Only a country notified by the Central Government

c. A country, a member of a group or union of countries, or an Inter-governmental organisation referred to as a convention country in Section 133

d. Any member of the World Trade Organization

 

25. The expression "district court" under Section 2(1)(e) has the meaning assigned to it by:

a. The Bharatiya Nagarik Suraksha Sanhita, 2023

b. The Patents Act, 1970

c. The General Clauses Act, 1897

d. The Civil Procedure, 1908

 

26. Under Section 2(1)(f), an exclusive licence is a licence from:

a. The Central Government

b. The Controller

c. A patentee

d. The district court

 

27. An exclusive licence under Section 2(1)(f) confers the licensed right:

a. Concurrently upon every interested person

b. Upon the licensee only, excluding even persons authorised by him

c. Upon the licensee or the licensee and persons authorised by him, to the exclusion of all other persons including the patentee

d. Only upon the patentee

 

28. Which of the following statements is correct under Section 2(1)?

a. A convention application means an application under Section 73.

b. An invention is capable of industrial application only if it is commercially successful.

c. An exclusive licence excludes all other persons, including the patentee, from the licensed right.

d. The Controller means the Registrar of Patents.

 

29. Section 2(1)(h) defines:

a. Government undertaking

b. Government company

c. Public authority

d. Public sector enterprise

 

30. Which of the following is NOT included within the meaning of "Government undertaking" under Section 2(1)(h)?

a. An industrial undertaking carried on by a department of the Government

b. An industrial undertaking carried on by a corporation established by a Central, Provincial or State Act owned or controlled by the Government

c. An industrial undertaking carried on by a Government company

d. An industrial undertaking carried on by a private company merely regulated by the Government

 

31. Under Section 2(1)(h), a corporation constitutes a Government undertaking if it is:

a. Incorporated under the Companies Act, 2013

b. Established by a Central, Provincial or State Act and owned or controlled by the Government

c. Registered under the Societies Registration Act

d. Receiving financial assistance from the Government

 

32. Which institution is included within the meaning of "Government undertaking" under Section 2(1)(h)?

a. Every institution receiving any Government grant

b. Only institutions established under a Central Act

c. An institution wholly or substantially financed by the Government

d. Every educational institution

 

33. Under Section 2(1)(i), "High Court" in relation to a State or Union territory means:

a. The Supreme Court of India

b. Any High Court notified by the Central Government

c. The High Court having territorial jurisdiction in that State or Union territory

d. The High Court nearest to the Patent Office

 

34. Under Section 2(1)(ia), an "international application" means:

a. An application filed before the World Intellectual Property Organization

b. An application for patent made in accordance with the Patent Cooperation Treaty

c. An application made simultaneously in more than one country

d. An application filed outside India

 

35. Section 2(1)(j) defines "invention" as:

a. Any new idea capable of commercial exploitation

b. Any new product or process involving an inventive step and capable of industrial application

c. Any discovery capable of industrial application

d. Any innovation having economic significance

 

36. Which of the following is NOT an essential element of an "invention" under Section 2(1)(j)?

a. It must be a new product or process

b. It must involve an inventive step

c. It must be capable of industrial application

d. It must have been commercially exploited

 

37. Under Section 2(1)(ja), an inventive step may consist of:

a. Technical advance as compared to the existing knowledge

b. Economic significance

c. Both technical advance and economic significance

d. Any of the above, provided it makes the invention not obvious to a person skilled in the art

 

38. An inventive step under Section 2(1)(ja) must make the invention:

a. Profitable

b. Internationally patentable

c. Not obvious to a person skilled in the art

d. Capable of commercial production

 

39. Under Section 2(1)(k), "legal representative" means:

a. Any legal heir

b. A person who in law represents the estate of a deceased person

c. An executor appointed by the Controller

d. The nominee of the deceased

 

40. A "new invention" under Section 2(1)(l) must not have been anticipated by:

a. Publication in any document before the filing date with complete specification

b. Use in the country or elsewhere in the world before the filing date with complete specification

c. Subject matter falling in the public domain or forming part of the state of the art

d. Any of the above

 

41. Under Section 2(1)(l), the relevant date for determining whether an invention is "new" is:

a. Date of grant of patent

b. Date of publication

c. Date of filing of the patent application with complete specification

d. Date of examination

 

42. "Opposition Board" under Section 2(1)(la) means:

a. A Board constituted under Section 73

b. A Board constituted under Section 25(3)

c. A Board constituted by the Central Government

d. A Board constituted by the High Court

 

43. Under Section 2(1)(m), "patent" means:

a. Any registered intellectual property

b. A patent for any invention granted under this Act

c. Every invention capable of industrial application

d. A patent granted anywhere in the world

 

44. A "patent agent" under Section 2(1)(n) is:

a. A person authorised by the Controller

b. A person for the time being registered under this Act as a patent agent

c. Any advocate enrolled with a Bar Council

d. A legal representative of a patentee

 

45. "Patented article" and "patented process" under Section 2(1)(o) respectively mean:

a. An article or process in respect of which a patent is in force

b. Any article or process capable of being patented

c. An article or process registered under the Designs Act

d. Any industrial article or process

 

46. Under Section 2(1)(oa), the "Patent Cooperation Treaty" was done at:

a. Geneva on 1st January, 1968

b. Paris on 20th March, 1883

c. Washington on the 19th day of June, 1970

d. Budapest on the 28th day of April, 1977

 

47. Under Section 2(1)(oa), references to the Patent Cooperation Treaty include:

a. Only the original treaty

b. The treaty as amended and modified from time to time

c. Amendments approved only by Parliament

d. Only modifications notified by the Central Government

 

48. Under Section 2(1)(p), "patentee" means:

a. The inventor

b. The applicant

c. The person for the time being entered on the register as the grantee or proprietor of the patent

d. The exclusive licensee

 

49. A "patent of addition" under Section 2(1)(q) means:

a. A patent granted under Section 25

b. A patent granted in accordance with Section 54

c. A supplementary patent granted by the Controller

d. A patent granted for an improvement after opposition

 

50. "Patent office" under Section 2(1)(r) means:

a. The office established by the Central Government

b. The office referred to in Section 74

c. Every office of the Controller

d. The office of the Registrar of Companies

 

51. Under Section 2(1)(s), the expression "person":

a. Excludes the Government

b. Includes only natural persons

c. Includes the Government

d. Includes only companies

 

52. Which of the following statements is correct under Section 2(1)?

a. A patentee means the inventor irrespective of registration.

b. A patent agent means any advocate practising before the Patent Office.

c. A new invention may already form part of the state of the art.

d. A patent means a patent for any invention granted under this Act.

 

53. Section 2(1)(t) defines:

a. Person interested

b. Patentee

c. Patent agent

d. Legal representative

 

54. Under Section 2(1)(t), a "person interested" includes:

a. Only the patentee

b. A person engaged in, or in promoting, research in the same field as that to which the invention relates

c. Only a person having a commercial interest in the patent

d. Only an exclusive licensee

 

55. Under Section 2(1)(ta), "pharmaceutical substance" means:

a. Any medicinal product

b. Any chemical compound

c. Any new entity involving one or more inventive steps

d. Any substance capable of industrial application

 

56. Under Section 2(1)(u), in relation to proceedings before a High Court, the expression "prescribed" means:

a. Prescribed by the Central Government

b. Prescribed by rules made under the Patents Act

c. Prescribed by rules made by the High Court

d. Prescribed by the Controller

 

57. Under Section 2(1)(u), in cases other than proceedings before a High Court, "prescribed" means:

a. Prescribed by rules made under this Act

b. Prescribed by the High Court

c. Prescribed by the Controller

d. Prescribed by the Central Government by executive order

 

58. Under Section 2(1)(v), "prescribed manner" includes:

a. Filing in electronic form only

b. Payment of the prescribed fee

c. Authentication by a patent agent

d. Verification before the Controller

 

59. Under Section 2(1)(w), the expression "priority date" has the meaning assigned to it by:

a. Section 54

b. Section 67

c. Section 73

d. Section 11

 

60. Under Section 2(1)(x), "register" means:

a. The register of patents referred to in Section 67

b. The register maintained under Section 74

c. The register maintained by the Controller General

d. The register of patent agents

 

61. Under Section 2(1)(y), who is NOT a "true and first inventor"?

a. The actual inventor

b. The first importer of an invention into India

c. A person who devised the invention independently

d. A joint inventor

 

62. Under Section 2(1)(y), the expression "true and first inventor" also excludes:

a. A person to whom an invention is first communicated from outside India

b. A legal representative of the inventor

c. A patentee

d. A patent agent

 

63. Under Section 2(2)(a), unless the context otherwise requires, a reference to the Controller includes:

a. The Controller General only

b. Any officer discharging the functions of the Controller in pursuance of Section 73

c. Every officer of the Patent Office

d. Every officer authorised by the Central Government

 

64. Under Section 2(2)(b), unless the context otherwise requires, a reference to the patent office includes:

a. Only the head office of the Patent Office

b. Every office of the Central Government

c. Any branch office of the patent office

d. Any office notified by the High Court

 

65. Which of the following statements is correct under Section 2?

a. A "true and first inventor" includes the first importer of an invention into India.

b. "Prescribed manner" excludes payment of the prescribed fee.

c. A reference to the patent office includes a reference to any branch office of the patent office.

d. "Priority date" has the meaning assigned to it by Section 67.

 

66. Section 3 of the Patents Act, 1970 deals with:

a. Persons entitled to apply for patents

b. What are not inventions

c. Inventive step

d. Priority date

 

67. An invention claiming anything obviously contrary to well-established natural laws is:

a. Patentable subject to examination

b. Patentable if commercially useful

c. Not an invention under Section 3

d. Patentable with the approval of the Central Government

 

68. An invention whose primary or intended use or commercial exploitation is contrary to public order or morality or causes serious prejudice to human, animal or plant life or health or to the environment is:

a. Patentable after publication

b. Not an invention under Section 3

c. Patentable if industrially applicable

d. Patentable with restrictions

 

69. Which of the following is NOT an invention under Section 3?

a. A mere discovery of a scientific principle or formulation of an abstract theory

b. Discovery of a living thing occurring in nature

c. Discovery of a non-living substance occurring in nature

d. All of the above

 

70. Which of the following would qualify for patent protection under Section 3(d)?

a. Mere discovery of a new property of a known substance

b. Mere discovery of a new use for a known substance

c. Mere discovery of a new form of a known substance without enhancement of known efficacy

d. A known process resulting in a new product

 

71. For the purposes of Section 3(d), salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of a known substance are regarded as:

a. Different substances in every case

b. New inventions automatically

c. The same substance unless they differ significantly in properties with regard to efficacy

d. Patentable inventions if commercially valuable

 

72. Which of the following is NOT an invention under Section 3?

a. A substance obtained by a mere admixture resulting only in aggregation of the properties of its components

b. Mere arrangement or duplication of known devices functioning independently in a known way

c. A method of agriculture or horticulture

d. All of the above

 

73. Which of the following processes is expressly excluded from the definition of an invention under Section 3?

a. A process for medicinal, surgical, curative, prophylactic, diagnostic or therapeutic treatment of human beings

b. A process for similar treatment of animals to render them free of disease or increase their economic value or that of their products

c. Both (a) and (b)

d. Neither (a) nor (b)

 

74. Which of the following is NOT an invention under Section 3?

a. Plants and animals in whole or any part thereof other than micro-organisms, including seeds, varieties and species

b. A mathematical or business method or a computer programme per se or algorithms

c. Topography of integrated circuits and traditional knowledge

d. All of the above

 

75. Which of the following statements is correct under Section 3?

a. Every new form of a known substance is patentable.

b. A computer programme per se is an invention under the Act.

c. Traditional knowledge or an aggregation or duplication of known properties of traditionally known components is not an invention.

d. A method of agriculture is patentable if it has industrial application.

 

76. Section 4 of the Patents Act, 1970 deals with:

a. Inventions relating to atomic energy not patentable

b. Patent of addition

c. Grant of patents

d. Opposition to grant of patent

 

77. Which of the following statements is correct under Section 4?

a. A patent may be granted for every invention relating to atomic energy.

b. No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of Section 20 of the Atomic Energy Act, 1962.

c. Only inventions relating to nuclear weapons are not patentable.

d. Every invention relating to atomic energy requires prior approval of the Central Government before grant.

 

78. Section 5 of the Patents Act, 1970 deals with:

a. Inventions where only methods or processes of manufacture patentable

b. Patent of addition

c. Compulsory licences

d. Grant of patents

 

79. Which of the following statements is correct under Section 5?

a. Section 5 continues to be in force.

b. Section 5 was omitted by the Patents (Amendment) Act, 2002.

c. Section 5 was omitted by the Patents (Amendment) Act, 2005 (15 of 2005) with effect from 1-1-2005.

d. Section 5 was omitted by the Atomic Energy Act, 1962.

 

80. Section 6 of the Patents Act, 1970 deals with:

a. Persons entitled to apply for patents

b. Form of application

c. Ordinary application

d. Examination of applications

 

81. Who among the following is entitled to apply for a patent under Section 6(1), subject to Section 134?

a. A person claiming to be the true and first inventor

b. The assignee of the person claiming to be the true and first inventor in respect of the right to make the application

c. The legal representative of a deceased person who immediately before his death was entitled to make such an application

d. All of the above

 

82. The legal representative of a deceased person may apply for a patent under Section 6(1)(c) only if the deceased:

a. Had filed a provisional specification

b. Was the true and first inventor

c. Immediately before his death was entitled to make such an application

d. Had assigned the invention before his death

 

83. An application under Section 6(1) may be made:

a. Only by one eligible person

b. Only jointly by all eligible persons

c. Either alone or jointly with any other person by any person referred to in Section 6(1)

d. Only through a patent agent

 

84. Which of the following statements is correct under Section 6?

a. Only the true and first inventor can apply for a patent.

b. An assignee cannot apply for a patent in his own name.

c. Every patent application must be made jointly.

d. An application under Section 6(1) may be made either alone or jointly with any other person by any person referred to in that sub-section.

 

85. Section 7 of the Patents Act, 1970 deals with:

a. Form of application

b. Persons entitled to apply for patents

c. Publication of applications

d. Examination of applications

 

86. Under Section 7(1), every application for a patent shall:

a. Relate to one invention only and be made in the prescribed form and filed in the patent office

b. Relate to one or more inventions if they are connected

c. Be filed only electronically

d. Be accompanied by a complete specification in every case

 

87. An international application under the Patent Cooperation Treaty designating India shall be deemed to be an application under the Patents Act, 1970 if:

a. It is published by WIPO

b. A corresponding application has also been filed before the Controller in India

c. It is filed simultaneously in two convention countries

d. The Controller grants prior approval

 

88. Under Section 7(1B), the filing date of an international application processed by the patent office as the designated office or elected office shall be:

a. The date of filing before the Controller in India

b. The date of publication of the application

c. The international filing date accorded under the Patent Cooperation Treaty

d. The date on which the application is examined

 

89. Where an application is made by virtue of an assignment of the right to apply for a patent, proof of such right:

a. Need not be furnished

b. Shall be furnished with the application or within the prescribed period after filing the application

c. Shall be furnished only before grant of the patent

d. Shall be furnished only if required by the Controller

 

90. Every application under Section 7 shall state that the applicant is in possession of the invention and shall:

a. Name the person claiming to be the true and first inventor and, where such person is not the applicant or one of the applicants, contain a declaration that the applicant believes that person to be the true and first inventor

b. State only the name of the applicant

c. Contain an affidavit of inventorship in every case

d. Be signed by the true and first inventor only

 

91. Which of the following statements is correct under Section 7?

a. Every application under Section 7 must be accompanied only by a complete specification.

b. Every application, including a convention application and a Patent Cooperation Treaty application designating India, must be accompanied by a provisional or complete specification.

c. Every application, other than a convention application or an application filed under the Patent Cooperation Treaty designating India, shall be accompanied by a provisional or a complete specification.

d. A patent application may relate to more than one invention if filed in the prescribed form.

 

92. Section 8 of the Patents Act, 1970 deals with:

a. Information and undertaking regarding foreign applications

b. Form of application

c. Publication of applications

d. Examination of applications

 

93. Under Section 8(1), where an applicant is prosecuting an application for a patent outside India in respect of the same or substantially the same invention, or such application is being prosecuted by a person through whom he claims or deriving title from him, the applicant shall:

a. Inform the Central Government only

b. File a statement setting out detailed particulars of such application and the prescribed undertaking

c. File only a copy of the foreign specification

d. Wait until the Controller calls for the information

 

94. The undertaking under Section 8(1)(b) requires the applicant:

a. To inform the Controller only after grant of the patent in India

b. To inform the Controller only if requested

c. Up to the date of grant of patent in India, to keep the Controller informed in writing of detailed particulars of every subsequent foreign application relating to the same or substantially the same invention within the prescribed time

d. To furnish certified copies of every foreign patent granted

 

95. Under Section 8(2), the Controller may require the applicant to furnish details relating to the processing of the foreign application:

a. Only before publication of the Indian application

b. At any time after filing of the Indian application and till the grant or refusal of the patent

c. Only after grant of the patent

d. Only after opposition proceedings commence

 

96. Where the Controller makes a requirement under Section 8(2), the applicant shall:

a. Furnish all documents filed abroad irrespective of availability

b. Furnish the information available to him within the prescribed period

c. Furnish information only after obtaining permission from the foreign patent office

d. Furnish information within thirty days in every case

 

97. Which of the following statements is correct under Section 8?

a. The obligation to keep the Controller informed regarding foreign applications ends on publication of the Indian application.

b. The Controller cannot seek information regarding the processing of foreign applications.

c. An applicant must keep the Controller informed, up to the date of grant of patent in India, of subsequent foreign applications relating to the same or substantially the same invention, and shall furnish processing details when required under Section 8(2).

d. Section 8 applies only where the foreign application was filed before the Indian application.

 

98. Section 9 of the Patents Act, 1970 deals with:

a. Provisional and complete specifications

b. Information regarding foreign applications

c. Publication of applications

d. Examination of applications

 

99. Where an application for a patent (other than a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, the complete specification shall be filed:

a. Within six months from the date of filing of the application

b. Within twelve months from the date of filing of the application

c. Before publication of the application

d. Before examination of the application

 

100. If the complete specification is not filed within the period specified under Section 9(1), the application shall:

a. Stand rejected by the Controller

b. Be deemed to be abandoned

c. Be converted into a convention application

d. Be kept pending indefinitely

 

101. Under Section 9(2), where two or more applications of the same applicant are accompanied by provisional specifications relating to cognate inventions or where one is a modification of another, the Controller may allow:

a. Separate complete specifications for each application only

b. One complete specification in respect of all such provisional specifications, if they constitute a single invention

c. Automatic grant of separate patents

d. Consolidation only after publication

 

102. Under the proviso to Section 9(2), where one complete specification is allowed for multiple provisional specifications, the period specified under Section 9(1) shall be reckoned from:

a. The date of filing of the latest provisional specification

b. The date on which the Controller permits consolidation

c. The date of filing of the earliest provisional specification

d. The date of filing of the complete specification

 

103. Under Section 9(3), where an application is accompanied by a specification purporting to be a complete specification, the Controller may direct it to be treated as a provisional specification:

a. On his own motion at any stage

b. If the applicant so requests within twelve months from the date of filing of the application

c. Only after publication of the application

d. Only before the filing of Form 1

 

104. Under Section 9(4), where a complete specification has been filed pursuant to an application accompanied by a provisional specification or a specification treated as provisional, the Controller may, if the applicant so requests before grant of patent:

a. Cancel the complete specification

b. Cancel the provisional specification and post-date the application to the date of filing of the complete specification

c. Convert the application into a convention application

d. Grant the patent with retrospective effect

 

105. Which of the following statements is correct under Section 9?

a. Every patent application must initially be accompanied by a complete specification.

b. Failure to file a complete specification within twelve months merely suspends the application.

c. The Controller may, on the applicant's request made before grant of patent, cancel the provisional specification and post-date the application to the date of filing of the complete specification.

d. The twelve-month period under Section 9(1) is reckoned from the latest provisional specification where multiple provisional specifications are consolidated.

 

106. Section 10 of the Patents Act, 1970 deals with:

a. Contents of specifications

b. Form of application

c. Examination of applications

d. Publication of applications

 

107. Every specification, whether provisional or complete, shall:

a. Contain claims only

b. Describe the invention and begin with a title sufficiently indicating the subject-matter of the invention

c. Be accompanied by drawings in every case

d. Be signed by the Controller

 

108. Under Section 10(2), drawings supplied for the purposes of a specification:

a. Never form part of the specification

b. Form part of the specification unless the Controller otherwise directs

c. Form part of the specification only if filed with the application

d. Are mandatory in every application

 

109. If the Controller requires a model or sample illustrating the invention under Section 10(3), it shall:

a. Be furnished before the application is found in order for grant of a patent but shall not form part of the specification

b. Form part of the complete specification

c. Be filed only with the provisional specification

d. Be deposited with the Central Government

 

110. Which of the following is **not** a mandatory requirement of every complete specification under Section 10(4)?

a. Fully and particularly describe the invention and its operation or use and the method by which it is to be performed

b. Disclose the best method of performing the invention known to the applicant

c. End with claim or claims defining the scope of the invention

d. Be accompanied by working commercial prototypes

 

111. Under Section 10(4)(d), every complete specification shall be accompanied by:

a. A declaration of inventorship

b. An abstract providing technical information on the invention

c. A working model

d. A certificate of commercial utility

 

112. Where a biological material cannot be sufficiently described and is not available to the public, the applicant shall:

a. Deposit the material with an international depository authority under the Budapest Treaty and comply with the prescribed statutory requirements

b. Deposit the material only after grant of the patent

c. Deposit the material with any laboratory in India

d. File only photographs of the biological material

 

113. In the case of an international application designating India, for the purposes of the Patents Act, the complete specification consists of:

a. Only the claims

b. The title, description, drawings, abstract and claims filed with the application

c. Only the description and drawings

d. The specification filed separately before the Controller

 

114. Under Section 10(5), the claim or claims of a complete specification shall:

a. Relate to multiple unrelated inventions

b. Relate to a single invention or a group of inventions forming a single inventive concept, be clear and succinct, and be fairly based on the matter disclosed in the specification

c. Be drafted only after examination

d. Be limited to one claim in every case

 

115. Which of the following statements is correct under Section 10?

a. A declaration as to inventorship is never required.

b. A complete specification filed after a provisional specification cannot include developments or additions.

c. Subject to Section 10, a complete specification filed after a provisional specification may include claims relating to developments of or additions to the invention if the applicant is entitled under Section 6 to make a separate patent application.

d. Every model or sample furnished under Section 10(3) forms part of the specification.

 

116. Section 11 of the Patents Act, 1970 deals with:

a. Priority dates of claims of a complete specification

b. Publication of applications

c. Examination of applications

d. Grant of patents

 

117. Under Section 11(1), there shall be:

a. One priority date for every patent

b. One priority date for each claim of a complete specification

c. One priority date for each application only

d. No priority date until grant of patent

 

118. Under Section 11(2), where a complete specification is filed pursuant to a single application accompanied by a provisional specification or a specification treated as provisional and the claim is fairly based on the matter disclosed therein, the priority date shall be:

a. The date of filing of the complete specification

b. The date of publication

c. The date of filing of the relevant specification

d. The date of examination

 

119. Under Section 11(3), where a claim is fairly based partly on one specification and partly on another, the priority date shall be:

a. The date of the earliest specification

b. The date of filing of the application accompanied by the specification of the later date

c. The date of filing of the complete specification

d. The date of grant

 

120. Under Section 11(3A), where a complete specification based on a previously filed application in India is filed within twelve months from that application and the claim is fairly based on the matter first disclosed therein, the priority date shall be:

a. The date of filing of the complete specification

b. The date of publication

c. The date of the previously filed application

d. The date of examination

 

121. Under Section 11(4), where a complete specification is filed pursuant to a further application under Section 16(1), the priority date of a claim fairly based on an earlier specification shall be:

a. The date of grant of the parent patent

b. The date of filing of the specification in which the matter was first disclosed

c. The date of filing of the further application

d. The date of publication of the parent application

 

122. If a claim would otherwise have two or more priority dates under Section 11(5), its priority date shall be:

a. The latest of those dates

b. The date chosen by the applicant

c. The earlier or earliest of those dates

d. The date fixed by the Controller

 

123. In cases where Sections 11(2), 11(3), 11(3A), 11(4) and 11(5) do not apply, the priority date of a claim shall, subject to Section 137, be:

a. The date of filing of the complete specification

b. The date of publication

c. The date of examination

d. The date of grant

 

124. Under Section 11(7), where there has been post-dating under Sections 9 or 17 or ante-dating under Section 16, the reference to the date of filing shall mean:

a. The original filing date only

b. The date as so post-dated or ante-dated

c. The priority date determined by the Controller

d. The publication date

 

125. Which of the following statements is correct under Section 11?

a. A claim becomes invalid if the invention is published after its priority date.

b. A claim becomes invalid merely because another patent with the same or a later priority date claims the invention.

c. A claim in a complete specification shall not be invalid merely because the invention was published or used on or after its priority date, or because another patent claims the invention in a claim of the same or a later priority date.

d. Every claim necessarily has the same priority date as every other claim in the specification.

 

126. Section 11A of the Patents Act, 1970 deals with:

a. Publication of applications

b. Examination of applications

c. Grant of patents

d. Priority dates of claims

 

127. Under Section 11A(1), an application for a patent shall ordinarily:

a. Be published immediately after filing

b. Not be opened to the public for the prescribed period

c. Be published after examination

d. Be published only after grant

 

128. Under Section 11A(2), the applicant may request the Controller to:

a. Keep the application confidential indefinitely

b. Publish the application before expiry of the prescribed period

c. Examine the application immediately

d. Grant the patent without publication

 

129. Which of the following applications is **not** published on the expiry of the prescribed period under Section 11A(3)?

a. An application in respect of which a secrecy direction under Section 35 is in force

b. An application complying with all statutory requirements

c. An application examined by the Controller

d. An application in which a request for examination has been filed

 

130. An application shall also not be published on the expiry of the prescribed period if it:

a. Has been abandoned under Section 9(1) or withdrawn three months prior to the prescribed period

b. Has not been examined

c. Is opposed by a third party

d. Contains more than one claim

 

131. Where a secrecy direction has been issued under Section 35, the application shall be published:

a. Immediately after withdrawal of secrecy direction

b. After expiry of the prescribed period or when the secrecy direction ceases to operate, whichever is later

c. Only after grant of patent

d. Only with the approval of the Central Government

 

132. The publication of a patent application under Section 11A(5) shall include:

a. Date and number of application, name and address of the applicant identifying the application, and an abstract

b. Complete examination report

c. Claims only

d. Complete specification only

 

133. Upon publication of a patent application under Section 11A(6):

a. The depository institution shall make the biological material available to the public, and the Patent Office may make the specification and drawings available on payment of the prescribed fee

b. The patent stands granted automatically

c. The Controller must issue the examination report immediately

d. The patent becomes enforceable against all infringers

 

134. Under Section 11A(7), from the date of publication until the date of grant, the applicant:

a. Has no statutory rights whatsoever

b. Has the like privileges and rights as if the patent had been granted, but cannot institute infringement proceedings until the patent is granted

c. Can immediately institute infringement proceedings

d. Is entitled to claim punitive damages

 

135. Which of the following statements is correct under Section 11A?

a. An applicant may institute infringement proceedings immediately upon publication.

b. Rights under every published application accrue only from the date of grant.

c. In respect of applications made under Section 5(2) before 1 January 2005, rights accrue from the date of grant, and after grant the patentee is entitled only to reasonable royalty from eligible enterprises making significant investment and producing and marketing the product before 1 January 2005, with no infringement proceedings against such enterprises.

d. Biological material cannot be made available to the public after publication.

 

136. Section 11B of the Patents Act, 1970 deals with:

a. Request for examination

b. Publication of applications

c. Grant of patents

d. Opposition to patents

 

137. Under Section 11B(1), an application for a patent shall be examined:

a. Immediately upon filing

b. Only after publication

c. Only if the applicant or any other interested person makes a request for examination in the prescribed manner within the prescribed period

d. Only after payment of renewal fee

 

138. In respect of an application under Section 5(2) filed before 1st January, 2005, the request for examination may be made by:

a. Only the applicant

b. Only the Controller

c. The applicant or any other interested person in the prescribed manner within the prescribed period

d. Only the Central Government

 

139. If no request for examination is made within the period specified under Section 11B(1) or Section 11B(3), the application shall:

a. Be rejected by the Controller

b. Be deemed to be abandoned

c. Be treated as withdrawn by the applicant

d. Remain pending indefinitely

 

140. Which of the following statements is correct under Section 11B?

a. An applicant cannot withdraw a patent application after filing it.

b. Where a secrecy direction under Section 35 has been issued, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction.

c. Only the applicant can request examination of a patent application.

d. Every patent application is examined automatically.

 

141. Section 12 of the Patents Act, 1970 deals with:

a. Examination of application

b. Publication of applications

c. Request for examination

d. Grant of patents

 

142. Under Section 12(1), after a request for examination has been made under Section 11B, the Controller shall:

a. Grant the patent immediately

b. Refer the application, specification and other related documents at the earliest to an examiner

c. Publish the patent immediately

d. Decide the application without an examiner's report

 

143. Which of the following is **not** a matter on which the examiner reports under Section 12(1)?

a. Whether the application, specification and other documents comply with the Act and Rules

b. Whether there is any lawful ground of objection to the grant of the patent

c. The result of investigations made under Section 13

d. Whether the invention is commercially successful

 

144. Under Section 12(2), the examiner shall ordinarily submit the report to the Controller:

a. Within thirty days

b. Within six months

c. Within such period as may be prescribed

d. Before publication of the application

 

145. Which of the following statements is correct under Section 12?

a. The examiner grants the patent after examination.

b. The Controller is not required to refer the application to an examiner.

c. The examiner's report includes the result of investigations under Section 13 and any other matter as may be prescribed.

d. Examination begins automatically on filing of the application.

 

146. Section 13 of the Patents Act, 1970 deals with:

a. Search for anticipation by previous publication and by prior claim

b. Examination of application

c. Publication of applications

d. Opposition to grant of patent

 

147. Under Section 13(1)(a), the examiner shall investigate whether the invention has been anticipated by:

a. Publication before the date of filing of the applicant's complete specification in any specification filed pursuant to a patent application made in India and dated on or after 1st January, 1912

b. Publication only outside India

c. Prior commercial use only

d. Any publication after the filing date

 

148. Under Section 13(1)(b), the examiner shall investigate whether the invention:

a. Is claimed in any other complete specification published on or after the date of filing of the applicant's complete specification, where such specification was filed earlier or claims an earlier priority date

b. Is claimed in any foreign patent only

c. Is claimed only in unpublished specifications

d. Is commercially exploited

 

149. Under Section 13(2), the examiner shall also investigate whether the invention has been anticipated by:

a. Publication in India only

b. Publication outside India only

c. Publication in India or elsewhere in any document other than those mentioned in Section 13(1), before the date of filing of the applicant's complete specification

d. Public use after the filing date

 

150. Where a complete specification is amended before the grant of a patent, it shall:

a. Not be examined again

b. Be examined and investigated in like manner as the original specification

c. Be published again without examination

d. Be deemed to have the same examination report

 

151. Which of the following statements is correct under Section 13?

a. Examination under Sections 12 and 13 guarantees the validity of a patent.

b. The Central Government is liable for every erroneous examination report.

c. Examination and investigation under Sections 12 and 13 do not warrant the validity of any patent, and no liability is incurred by the Central Government or its officers in respect thereof.

d. An amended specification is not investigated after amendment.

 

152. Section 14 of the Patents Act, 1970 deals with:

a. Consideration of report of examiner by Controller

b. Examination of application

c. Publication of applications

d. Grant of patents

 

153. Where the examiner's report is adverse to the applicant or requires amendment of the application, specification or other documents, the Controller shall:

a. Reject the application immediately

b. Communicate the gist of the objections to the applicant as expeditiously as possible before disposing of the application

c. Grant the patent subject to conditions

d. Refer the matter to the Central Government

 

154. Under Section 14, the applicant shall be given an opportunity of being heard:

a. In every case automatically

b. Only if the applicant so requires within the prescribed period

c. Only after refusal of the application

d. Only where the invention relates to public interest

 

155. Which of the following statements is correct under Section 14?

a. The Controller may dispose of the application without communicating objections where the examiner's report is adverse.

b. The Controller must communicate the gist of the objections and, if the applicant so requires within the prescribed period, provide an opportunity of being heard before disposing of the application.

c. The applicant has an unconditional right to an oral hearing in every case.

d. An adverse examiner's report automatically results in refusal of the application.

 

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