Download Patents Act, 1970 MCQs Set - 3 PDF

 

1. Under the Explanation to Section 53(1), the term of a patent for an international application filed under the Patent Cooperation Treaty designating India is:

a. 20 years from the date of grant in India

b. 20 years from the date of national phase entry

c. 20 years from the international filing date accorded under the Patent Cooperation Treaty

d. 20 years from the priority date

 

2. Under Section 53(2), a patent shall cease to have effect if:

a. The specification is not amended

b. The renewal fee is not paid within the prescribed period or the prescribed extended period

c. The invention is not commercially worked

d. The patentee assigns the patent

 

3. Under Section 53(4), where a patent ceases due to non-payment of renewal fee or expires by efflux of time:

a. The subject matter continues to enjoy protection for one additional year.

b. The patentee retains exclusive rights until formal cancellation.

c. The subject matter remains protected under the Patents Act only.

d. The subject matter covered by the patent is not entitled to any protection notwithstanding anything contained in any other law for the time being in force.

 

4. Which of the following statements is correct under Section 53?

a. Every patent in India has a term of 20 years from the date of grant.

b. An international application designating India is computed from the date of national phase entry.

c. A patent does not cease merely because the renewal fee is unpaid.

d. Subject to the Act, patents have a term of 20 years from the filing date, PCT applications designating India are computed from the international filing date, and on cessation or expiry the patented subject matter is not entitled to any protection.

 

5. Section 54 of the Patents Act, 1970 deals with:

a. Patents of addition

b. Term of patent

c. Restoration of patent

d. Patent of importation

 

6. Under Section 54(1), a patent of addition may be granted where:

a. The application relates to an improvement or modification of the main invention and the applicant has applied for or is the patentee of the main invention, and requests such grant

b. Every divisional application is automatically treated as a patent of addition

c. The improvement is made by any third person

d. The Controller grants it suo motu

 

7. Under Section 54(2), where an improvement or modification is already the subject of an independent patent and the same person is also the patentee of the main invention, the Controller may, on request:

a. Extend the term of the independent patent

b. Merge both patents automatically

c. Revoke the independent patent and grant a patent of addition bearing the same date as the revoked patent

d. Cancel both patents

 

8. A patent shall not be granted as a patent of addition unless:

a. The application for the improvement is filed earlier than the application for the main invention

b. The application for the improvement is filed on or after the date of filing of the application for the main invention

c. Both applications are filed on the same day only

d. The improvement is commercially worked

 

9. Under Section 54(4), a patent of addition:

a. May be granted before the grant of the patent for the main invention

b. May be granted simultaneously with or before the main patent

c. Shall not be granted before the grant of the patent for the main invention

d. Can be granted even if no patent is granted for the main invention

 

10. Which of the following statements is correct under Section 54?

a. A patent of addition may be granted even where the applicant has no connection with the main invention.

b. A patent of addition may be granted before the grant of the main patent.

c. An independent patent for an improvement cannot be converted into a patent of addition.

d. A patent of addition may be granted for an improvement or modification of the main invention on request, subject to the statutory conditions, and cannot be granted before the main patent is granted.

 

11. Section 55 of the Patents Act, 1970 deals with:

a. Term of patents of addition

b. Validity of patents of addition

c. Patent of addition

d. Restoration of patents

 

12. A patent of addition shall be granted for:

a. Twenty years from its own filing date

b. A fresh term determined by the Controller

c. A term equal to that of the patent for the main invention or so much thereof as has not expired

d. Ten years from the date of grant

 

13. If the patent for the main invention is revoked under the Act, the Court or the Controller may, on the patentee's request:

a. Revoke the patent of addition automatically

b. Extend the patent of addition for twenty years

c. Order that the patent of addition shall become an independent patent for the remainder of the term of the main invention

d. Require the filing of a fresh patent application

 

14. Which of the following is correct regarding renewal fees for a patent of addition?

a. Renewal fees are payable every year from the date of grant.

b. No renewal fee is payable unless it becomes an independent patent, after which normal renewal fees become payable.

c. Renewal fees are payable only after ten years.

d. Renewal fees are never payable even if it becomes an independent patent.

 

15. Section 56 of the Patents Act, 1970 deals with:

a. Validity of patents of addition

b. Patent of addition

c. Compulsory licence

d. Patent term

 

16. A patent of addition shall not be refused or revoked merely because:

a. The invention does not involve an inventive step having regard to the publication or use of the main invention or another patent of addition relating to the main invention

b. The invention is commercially unsuccessful

c. The invention has not been worked in India

d. The applicant failed to pay renewal fees

 

17. Under Section 56(1), the validity of a patent of addition shall not be questioned on the ground that:

a. The invention is an improvement

b. The invention ought to have been the subject of an independent patent

c. The main patent has expired

d. The Controller granted it after the main patent

 

18. Under Section 56(2), while determining the novelty of an invention claimed in an application for a patent of addition:

a. Only prior publications outside India shall be considered

b. Only the complete specification of the patent of addition shall be considered

c. Regard shall also be had to the complete specification describing the main invention

d. The complete specification of the main invention shall be ignored

 

19. Which of the following statements is correct under Sections 55 and 56?

a. A patent of addition always has an independent twenty-year term and renewal fees are always payable.

b. A patent of addition may be refused merely because it lacks an inventive step over the main invention.

c. The novelty of a patent of addition is determined without reference to the complete specification of the main invention.

d. A patent of addition ordinarily runs with the term of the main patent, may become an independent patent on revocation of the main patent, is generally exempt from renewal fees until then, and enjoys the statutory protections provided under Section 56.

 

20. Section 57 of the Patents Act, 1970 deals with:

a. Amendment of application and specification before Controller

b. Amendment before the High Court

c. Surrender of patents

d. Restoration of patents

 

21. Under Section 57(1), subject to Section 59, the Controller may allow amendment of:

a. Only the complete specification

b. Only the patent application

c. The patent application, complete specification or any document relating thereto

d. Only the claims

 

22. The Controller shall not pass an order allowing or refusing an application for amendment under Section 57 while:

a. Opposition proceedings are pending before the Controller

b. A suit for infringement before a court or a proceeding for revocation before the High Court is pending

c. An appeal is pending before the Central Government

d. A renewal fee remains unpaid

 

23. Every application for leave to amend under Section 57 shall:

a. State the nature of the proposed amendment and give full particulars of the reasons for the amendment

b. Contain only the amended specification

c. Be accompanied by an affidavit only

d. State the commercial value of the invention

 

24. Under Section 57(3), an application for amendment made after the grant of a patent:

a. Shall always be rejected

b. May be published

c. Shall never be published

d. Requires prior approval of the Central Government

 

25. Where an amendment application is published under Section 57(3), any person interested may:

a. File a revocation petition only

b. Give notice of opposition within the prescribed period after publication

c. Institute an infringement suit

d. Seek compulsory licence

 

26. If a notice of opposition is filed under Section 57(4), the Controller shall:

a. Reject the amendment automatically

b. Refer the matter to the High Court

c. Notify the applicant and give both the applicant and the opponent an opportunity of being heard before deciding the case

d. Stay the proceedings indefinitely

 

27. Under Section 57(5), an amendment of a complete specification may include:

a. Amendment of the priority date of a claim

b. Extension of the patent term

c. Addition of a new invention

d. Change of inventor without limitation

 

28. Which of the following statements is correct under Section 57?

a. An applicant loses the right to amend documents to comply with the Controller's directions before grant.

b. An amendment application cannot be opposed by any interested person.

c. The Controller may allow amendments even during the pendency of an infringement suit.

d. Section 57 is without prejudice to the right of an applicant to amend the specification or any related document to comply with the Controller's directions issued before the grant of a patent.

 

29. Section 58 of the Patents Act, 1970 deals with:

a. Amendment of specification before Appellate Board or High Court

b. Amendment before Controller

c. Restoration of patents

d. Revocation of patents

 

30. Under Section 58(1), in proceedings before the High Court for revocation of a patent, the High Court may:

a. Amend the complete specification subject to Section 59 and on such terms as it thinks fit

b. Amend only the patent application

c. Extend the patent term

d. Grant a compulsory licence

 

31. If, in revocation proceedings, the High Court finds the patent invalid, it may:

a. Revoke the patent only

b. Allow the specification to be amended instead of revoking the patent

c. Restore the patent automatically

d. Grant a patent of addition

 

32. Under Section 58(2), where an application for amendment is made to the High Court, the applicant shall:

a. Give notice of the application to the Controller

b. Give notice only to the Central Government

c. Publish the application in the Official Gazette

d. Notify all licensees only

 

33. Under Section 58(2), the Controller:

a. Has no role in the proceedings

b. Is entitled to appear and be heard and shall appear if so directed by the High Court

c. Can amend the specification independently

d. May overrule the High Court's decision

 

34. Under Section 58(3), copies of all orders allowing amendment of the specification shall be:

a. Sent to the Central Government for approval

b. Kept only in the records of the High Court

c. Forwarded to the patentee only

d. Transmitted by the High Court to the Controller, who shall make an entry and reference in the register

 

35. Which of the following statements is correct under Section 58?

a. The High Court has no power to permit amendment during revocation proceedings.

b. The Controller must approve every amendment before the High Court can allow it.

c. No entry of the amendment is required in the register.

d. During revocation proceedings, the High Court may permit amendment of the complete specification subject to Section 59, the Controller is entitled to be heard, and every order allowing amendment is entered in the register by the Controller.

 

36. Section 59 of the Patents Act, 1970 deals with:

a. Supplementary provisions as to amendment of application or specification

b. Amendment before the High Court

c. Patent of addition

d. Restoration of patents

 

37. Under Section 59(1), an amendment of an application, complete specification or any document relating thereto may be made only by way of:

a. Disclaimer, correction or explanation

b. Addition, substitution or deletion

c. Alteration or expansion

d. Revision or rectification

 

38. Under Section 59(1), no amendment shall be allowed except:

a. For commercial exploitation

b. For incorporation of actual fact

c. To enlarge the monopoly of the patent

d. To add a new invention

 

39. Which of the following amendments to a complete specification is prohibited under Section 59(1)?

a. An amendment by disclaimer

b. An amendment by correction

c. An amendment by explanation

d. An amendment that claims or describes matter not in substance disclosed before the amendment or enlarges the scope of the original claims

 

40. Under Section 59(2), where after the grant of a patent an amendment is allowed by the Controller or the High Court:

a. The amendment is effective only from the date of the order

b. The amendment is deemed to form part of the specification along with other related documents

c. The amendment requires fresh grant of the patent

d. The amendment has no legal effect until publication in the Official Gazette

 

41. Under Section 59(2), after an amendment is allowed:

a. Publication of the amendment is optional

b. The amendment shall be published as expeditiously as possible

c. Publication is required only if directed by the High Court

d. Publication is required only where opposition has been filed

 

42. The right of the applicant or patentee to make an amendment under Section 59(2) may be questioned only on the ground of:

a. Delay

b. Lack of inventive step

c. Fraud

d. Public interest

 

43. Under Section 59(3), while construing the amended specification:

a. Reference shall be made only to the amended specification

b. The original specification becomes irrelevant

c. Reference may be made to the specification as originally accepted

d. Reference shall be made only to the patent application

 

44. Which of the following statements is correct under Section 59?

a. An amendment may introduce new matter not originally disclosed.

b. A claim may be enlarged beyond the scope of the original claim.

c. Any amendment may be challenged on any legal ground.

d. Amendments are confined to disclaimer, correction or explanation, must only incorporate actual facts, cannot introduce new matter or enlarge the scope of the original claims, and after grant the right to amend may be questioned only on the ground of fraud.

 

45. Section 60 of the Patents Act, 1970 deals with:

a. Applications for restoration of lapsed patents

b. Renewal of patents

c. Surrender of patents

d. Revocation of patents

 

46. An application for restoration under Section 60 may be made where a patent has ceased to have effect due to:

a. Failure to work the patent

b. Failure to pay the renewal fee within the period prescribed under Section 53 or within the period allowed under Section 142(4)

c. Revocation by the High Court

d. Expiry of the patent term

 

47. Under Section 60(1), an application for restoration of a lapsed patent shall be made within:

a. Six months from the date of lapse

b. Twelve months from the date of lapse

c. Eighteen months from the date on which the patent ceased to have effect

d. Twenty-four months from the date of lapse

 

48. Where a patent is jointly held by two or more persons, an application for restoration may be made:

a. Only by all the joint patentees together

b. By one or more joint patentees with the leave of the Controller without joining the others

c. Only by the legal representative

d. Only by the Central Government

 

49. An application under Section 60 shall contain:

a. Only proof of payment of the renewal fee

b. A verified statement fully setting out the circumstances leading to the failure to pay the prescribed fee

c. Only an affidavit of the applicant

d. A fresh complete specification

 

50. Which of the following statements is correct under Section 60?

a. The Controller cannot require any further evidence once the application is filed.

b. Restoration may be sought only after expiry of the patent term.

c. A restoration application need not explain the failure to pay the renewal fee.

d. The Controller may require such further evidence as he thinks necessary in support of the verified statement explaining the failure to pay the renewal fee.

 

51. Section 61 of the Patents Act, 1970 deals with:

a. Procedure for disposal of applications for restoration of lapsed patents

b. Applications for restoration of lapsed patents

c. Surrender of patents

d. Renewal of patents

 

52. Before publishing an application for restoration under Section 61(1), the Controller must be prima facie satisfied that:

a. The patent has commercial value

b. The failure to pay the renewal fee was unintentional and there has been no undue delay in making the application

c. The applicant has worked the invention in India

d. The patent was granted within the last five years

 

53. Under Section 61(1), a person interested may oppose restoration on the ground that:

a. The patent lacks novelty

b. The failure to pay the renewal fee was not unintentional or there has been undue delay in making the application

c. The invention is not commercially worked

d. The applicant is not the true and first inventor

 

54. If a notice of opposition is filed under Section 61(2), the Controller shall:

a. Reject the application automatically

b. Notify the applicant and give both the applicant and the opponent an opportunity of being heard

c. Refer the matter to the High Court

d. Restore the patent subject to appeal

 

55. Under Section 61(3), where there is no opposition, or the opposition is decided in favour of the applicant, the Controller shall restore the patent:

a. Without payment of any fee

b. Upon payment of the unpaid renewal fee and the prescribed additional fee

c. Only after fresh examination

d. Only after publication in the Official Gazette

 

56. On restoration under Section 61(3), the Controller shall also restore:

a. Every divisional application

b. Any patent of addition specified in the application which ceased to have effect on the cesser of the main patent

c. Every expired patent of the patentee

d. Every abandoned application

 

57. As a condition of restoring a patent under Section 61(4), the Controller may require:

a. Fresh filing of the patent application

b. Execution of a licence in favour of the Government

c. Entry in the register of any document or matter required by the Act but not previously entered

d. Publication of a fresh complete specification

 

58. Which of the following statements is correct under Section 61?

a. Restoration is automatic once an application is filed.

b. Opposition may be filed on any ground available under the Act.

c. The Controller cannot impose any condition while restoring the patent.

d. Restoration requires prima facie satisfaction regarding unintentional failure and absence of undue delay, permits opposition only on the specified grounds, and may be made subject to entry of required documents or matters in the register.

 

59. Section 62 of the Patents Act, 1970 deals with:

a. Rights of patentees of lapsed patents which have been restored

b. Restoration of patents

c. Renewal of patents

d. Revocation of patents

 

60. Where a patent is restored under Section 62(1), the rights of the patentee shall be:

a. Absolute and unrestricted

b. Subject only to the provisions prescribed by the Central Government

c. Subject to the prescribed provisions and such other provisions as the Controller thinks fit to impose

d. Subject only to the terms of the original patent

 

61. The Controller may impose conditions on restoration under Section 62(1) primarily for the protection or compensation of:

a. Every competitor in the market

b. Persons who began to avail themselves of, or took definite steps by contract or otherwise to avail themselves of, the patented invention between the date of lapse and the date of publication of the restoration application

c. Only Government departments

d. Only existing licensees

 

62. The period relevant for protection or compensation under Section 62(1) is:

a. From the filing date of the patent to its restoration

b. From the grant of the patent to its expiry

c. From the date the patent ceased to have effect to the date of publication of the application for restoration

d. From the date of publication of the restoration application to the date of restoration

 

63. Under Section 62(2), no suit or other proceeding shall be commenced or prosecuted for infringement committed:

a. Before the grant of the patent

b. After restoration of the patent

c. Between the date on which the patent ceased to have effect and the date of publication of the application for restoration

d. After publication of the restoration application

 

64. Which of the following statements is correct under Section 62?

a. A restored patent revives all infringement actions during the period of lapse.

b. The Controller cannot impose any conditions while restoring patent rights.

c. Persons who used the invention during the period of lapse receive no statutory protection.

d. On restoration, the patentee's rights are subject to prescribed and Controller-imposed conditions protecting persons who relied on the lapse, and no infringement proceedings lie for acts committed between the lapse of the patent and publication of the restoration application.

 

65. Section 63 of the Patents Act, 1970 deals with:

a. Surrender of patents

b. Restoration of patents

c. Revocation of patents

d. Assignment of patents

 

66. Under Section 63(1), a patentee may offer to surrender his patent:

a. Only within one year of grant

b. Only with the prior approval of the Central Government

c. At any time by giving notice in the prescribed manner to the Controller

d. Only after the expiry of the patent term

 

67. When an offer to surrender a patent is made, the Controller shall:

a. Immediately revoke the patent

b. Publish the offer in the prescribed manner and notify every person, other than the patentee, whose name appears in the register as having an interest in the patent

c. Refer the matter to the High Court

d. Publish the offer only if no licence has been granted

 

68. Under Section 63(3), any person interested may:

a. File a revocation petition before the High Court

b. Give notice to the Controller opposing the surrender within the prescribed period after publication

c. Challenge the surrender only after revocation

d. Oppose the surrender without any time limit

 

69. Before accepting an offer of surrender, the Controller shall:

a. Hear only the patentee

b. Hear only the opponent

c. If desired, hear the patentee and any opponent, and if satisfied that the patent may properly be surrendered, accept the offer and revoke the patent

d. Obtain approval from the Central Government

 

70. Which of the following statements is correct under Section 63?

a. A patent stands revoked immediately upon the patentee offering to surrender it.

b. No person interested has a right to oppose the surrender.

c. The Controller must accept every offer of surrender.

d. A patentee may offer to surrender the patent at any time, the offer is published and notified to interested persons, opposition may be filed within the prescribed period, and the Controller may revoke the patent only after following the prescribed procedure.

 

71. Section 64 of the Patents Act, 1970 deals with:

a. Revocation of patents

b. Surrender of patents

c. Restoration of patents

d. Opposition to grant

 

72. Under Section 64(1), a patent may be revoked:

a. Only by the Controller

b. By the High Court on a petition of any person interested or the Central Government, or on a counter-claim in an infringement suit

c. Only by the Central Government

d. Only by the Supreme Court

 

73. Which of the following is a ground for revocation under Section 64(1)?

a. The invention was claimed in a valid claim of earlier priority date contained in another patent granted in India

b. The patentee failed to commercially exploit the invention

c. The patentee did not grant licences

d. The patent completed ten years

 

74. A patent may be revoked if:

a. It was granted to a person not entitled under the Act to apply for it

b. The patentee changes his address

c. Renewal fee was paid late

d. The patentee assigned the patent

 

75. Under Section 64(1), a patent may be revoked if it was:

a. Obtained wrongfully in contravention of the rights of the petitioner or a person under whom he claims

b. Assigned without notice

c. Licensed to multiple persons

d. Restored after lapse

 

76. Which of the following is a valid ground for revocation under Section 64?

a. The claimed subject matter is not an invention within the meaning of the Act

b. The invention is commercially successful

c. The patent has completed five years

d. The patentee has multiple patents

 

77. A patent may be revoked if the invention:

a. Is not new

b. Is profitable

c. Is manufactured outside India

d. Is licensed

 

78. Under Section 64(1), lack of inventive step is a ground because:

a. The invention is obvious or does not involve an inventive step

b. The invention is difficult to manufacture

c. The invention is expensive

d. The invention is imported

 

79. Which of the following is a ground for revocation?

a. The invention is not useful

b. The invention is marketable

c. The invention is patented abroad

d. The invention is assigned

 

80. A patent may be revoked where the complete specification:

a. Does not sufficiently and fairly describe the invention or the best method of performing it

b. Contains more than ten claims

c. Is written in English

d. Includes drawings

 

81. Under Section 64(1), revocation may be ordered where:

a. The claims are not sufficiently and clearly defined or are not fairly based on the matter disclosed

b. The patent has more than one inventor

c. The patent is licensed

d. Renewal fees were paid

 

82. Which of the following is a ground for revocation?

a. The patent was obtained on a false suggestion or representation

b. The invention is commercially valuable

c. The patent has foreign priority

d. The patent has multiple claims

 

83. A patent may be revoked if:

a. The claimed subject matter is not patentable under the Act

b. The patent is assigned

c. The patent has been renewed

d. The invention is manufactured abroad

 

84. Secret use in India before the priority date is a ground for revocation:

a. Yes, except as mentioned in Section 64(3)

b. Never

c. Only after grant

d. Only if commercial

 

85. A patent may be revoked where the applicant:

a. Failed to disclose information required under Section 8 or knowingly furnished materially false information

b. Filed Form 1 late

c. Paid renewal fees belatedly

d. Failed to work the patent

 

86. Contravention of secrecy directions under Section 35 or making a foreign patent application in contravention of Section 39 is:

a. A ground for revocation

b. A ground for restoration

c. A ground for extension of term

d. Not relevant

 

87. Leave to amend the complete specification obtained by fraud under Sections 57 or 58:

a. Is a ground for revocation

b. Is ignored

c. Results only in costs

d. Leads only to correction

 

88. Which of the following is a ground for revocation under Section 64?

a. Wrong disclosure or non-disclosure of the source or geographical origin of biological material

b. Delay in commercialisation

c. Foreign assignment

d. Non-filing of working statement

 

89. A patent may be revoked if the invention was anticipated by:

a. Knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere

b. Only published journals

c. Only foreign patents

d. Only prior grants in India

 

90. For the purposes of Section 64(1)(e) and (f), no account shall be taken of:

a. Personal document or secret trial or secret use

b. Earlier Indian patents

c. Published specifications

d. Public use

 

91. Under Section 64(2), where the patent is for a process or a product made by a process, importation into India of the product made abroad by that process:

a. Constitutes knowledge or use in India on the date of importation, except where imported only for reasonable trial or experiment

b. Is never relevant

c. Is relevant only after grant

d. Constitutes infringement only

 

92. Which of the following statements is correct under Section 64?

a. Revocation can be sought only by the patentee.

b. Only lack of novelty is a ground for revocation.

c. Secret use is always ignored for revocation purposes.

d. Section 64 provides numerous statutory grounds for revocation before the High Court, including wrongful obtainment, lack of novelty, inventive step, utility, insufficiency, false representation, non-patentability, secrecy violations, Section 8 defaults, fraudulent amendment, incorrect disclosure of biological material, anticipation by indigenous knowledge and other specified grounds.

 

93. Section 65 of the Patents Act, 1970 deals with:

a. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy

b. Revocation by the High Court

c. Surrender of patents

d. Compulsory licences

 

94. Under Section 65(1), where the Central Government is satisfied that a patent relates to atomic energy for which no patent can be granted under Section 20(1) of the Atomic Energy Act, 1962, it may:

a. Direct the Controller to revoke the patent

b. Revoke the patent itself

c. Suspend the patent for five years

d. Grant a compulsory licence

 

95. Before revoking a patent under Section 65(1), the Controller shall:

a. Revoke it immediately on receiving the Government's direction

b. Give notice to the patentee and every person entered in the register as having an interest in the patent and afford them an opportunity of being heard

c. Seek approval of the High Court

d. Publish a notice in the Official Gazette only

 

96. Under Section 65(2), in proceedings under Section 65(1), the Controller may:

a. Extend the patent term

b. Convert the patent into a patent of addition

c. Allow the patentee to amend the complete specification instead of revoking the patent

d. Grant a fresh patent

 

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

a. The Central Government directly revokes the patent without any hearing.

b. The Controller has no discretion once the Government issues directions.

c. Amendment of the complete specification is not permissible in proceedings under Section 65.

d. Where the Government directs revocation in relation to an invention concerning atomic energy, the Controller must follow the prescribed hearing procedure and may permit amendment of the complete specification instead of revoking the patent.

 

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

a. Revocation of patent in public interest

b. Revocation by the High Court

c. Restoration of patents

d. Surrender of patents

 

99. Under Section 66, the Central Government may revoke a patent where it is of the opinion that:

a. The patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public

b. The patent has not been commercially worked

c. The patent has completed ten years

d. The patentee has granted multiple licences

 

100. Before making a declaration under Section 66, the Central Government shall:

a. Obtain the approval of the High Court

b. Give the patentee an opportunity of being heard

c. Consult the Controller

d. Publish a draft notification

 

101. Under Section 66, a patent is deemed to be revoked:

a. On the date of grant

b. On filing of a public interest petition

c. Upon publication of the Central Government's declaration in the Official Gazette

d. On recommendation of the Controller

 

102. Which of the following statements is correct under Section 66?

a. Only the High Court can revoke a patent in public interest.

b. The Central Government may revoke a patent without hearing the patentee.

c. Revocation under Section 66 requires an order of the Controller.

d. If the Central Government, after hearing the patentee, declares in the Official Gazette that the patent or the manner in which it is exercised is mischievous to the State or generally prejudicial to the public, the patent is deemed to be revoked.

 

103. Section 67 of the Patents Act, 1970 deals with:

a. Register of patents and particulars to be entered therein

b. Register of designs

c. Register of trademarks

d. Register of copyright

 

104. Which of the following shall be entered in the register of patents under Section 67(1)?

a. Names and addresses of grantees of patents

b. Notifications of assignments, transmissions, licences, amendments, extensions and revocations of patents

c. Such other prescribed matters affecting the validity or proprietorship of patents

d. All of the above

 

105. Under Section 67(2), the register of patents:

a. Shall contain notice of every trust

b. Shall contain only express trusts

c. Shall not contain notice of any express, implied or constructive trust, and the Controller shall not be affected by any such notice

d. Shall contain notice of constructive trusts only

 

106. Under Section 67(3), the register of patents shall be kept:

a. By the Central Government

b. Under the control and management of the Controller, subject to the superintendence and direction of the Central Government

c. By the High Court

d. By the Registrar of Companies

 

107. Under Section 67(4), the Controller may keep the register of patents:

a. Only in physical form

b. Only in microfilm

c. In computer floppies, diskettes or any other electronic form, subject to prescribed safeguards

d. Only on paper and electronic form simultaneously

 

108. Under Section 67(5), a certified copy of or extract from the register of patents:

a. Is admissible in evidence only in civil proceedings

b. Is not admissible because of the Indian Evidence Act, 1872

c. Is admissible in all legal proceedings when certified by the Controller or an authorised officer

d. Requires certification by the Central Government

 

109. Where the register is maintained wholly or partly in electronic form, references in the Act to an "entry in the register" shall include:

a. Only paper records

b. Only scanned copies

c. Records of particulars kept in computer floppies, diskettes or any other electronic form comprising the register or part thereof

d. Private electronic databases

 

110. Which of the following statements is correct under Section 67?

a. Every trust relating to a patent must be entered in the register.

b. Electronic records cannot constitute the register of patents.

c. Certified copies from the register are inadmissible in legal proceedings.

d. The register contains the prescribed particulars relating to patents, is managed by the Controller, may be maintained in electronic form, certified extracts are admissible in evidence, and references to the register include its electronic records.

 

111. Section 68 of the Patents Act, 1970 deals with:

a. Assignments, etc., not to be valid unless in writing and duly executed

b. Registration of assignments

c. Register of patents

d. Mortgages of patents

 

112. Under Section 68, an assignment of a patent, mortgage, licence or creation of any other interest in a patent is valid only if:

a. It is oral and subsequently confirmed

b. It is in writing, reduced into a document embodying all the terms and conditions governing the rights and obligations of the parties, and duly executed

c. It is notarised only

d. It is registered before execution

 

113. Which of the following statements is correct under Section 68?

a. An oral assignment of a patent is valid if proved by witnesses.

b. A licence need not be in writing.

c. A mortgage over a patent may be created orally.

d. An assignment, mortgage, licence or any other interest in a patent is invalid unless it is in writing and duly executed.

 

114. Section 69 of the Patents Act, 1970 deals with:

a. Registration of assignments, transmissions, etc.

b. Validity of assignments

c. Register of patents

d. Patent licences

 

115. Under Section 69(1), a person who becomes entitled to a patent or an interest therein by assignment, transmission or operation of law shall:

a. Apply in writing in the prescribed manner to the Controller for registration of his title or notice of his interest

b. Apply only to the High Court

c. Publish the transfer in the Official Gazette

d. Inform only the assignor

 

116. Under Section 69(2), an application for registration may also be made by the:

a. Controller

b. Assignor, mortgagor, licensor or other party to the instrument

c. Central Government

d. High Court

 

117. Upon proof of title to his satisfaction under Section 69(3), the Controller shall:

a. Register the person as proprietor or co-proprietor, or enter notice of his interest with particulars of the relevant instrument

b. Refer every application to the High Court

c. Grant a fresh patent

d. Publish the assignment before registration

 

118. Under the proviso to Section 69(3), where there is a dispute regarding the validity of an assignment, mortgage, licence, transmission or similar transaction, the Controller may:

a. Decide the title finally

b. Register the title provisionally

c. Refuse to take action until the rights of the parties are determined by a competent court

d. Cancel the patent

 

119. Under Section 69(4), copies of agreements, licences and other documents affecting title to a patent:

a. Need not be filed

b. Shall be supplied to the Controller in the prescribed manner for filing in the patent office

c. Shall be filed only when litigation arises

d. Shall be filed only by the licensee

 

120. Under the proviso to Section 69(4), where requested by the patentee or licensee, the Controller shall:

a. Refuse to register the licence

b. Keep the terms of the licence confidential except under the order of a court

c. Publish only part of the licence

d. Forward the licence to the Central Government

 

121. Under Section 69(5), a document in respect of which no entry has been made in the register shall:

a. Always be admissible as evidence

b. Never be produced in any proceedings

c. Not be admitted by the Controller or any court as evidence of title except for specified proceedings or unless otherwise directed for recorded reasons

d. Automatically become void

 

122. Which of the following statements is correct under Sections 68 and 69?

a. Oral assignments of patents are valid if subsequently acknowledged.

b. Registration of title is optional for every purpose under the Act.

c. The Controller must determine disputes relating to title finally.

d. Assignments and similar transactions must be in writing and duly executed, persons acquiring title or interest should seek registration, the Controller may refuse registration where title is disputed until determined by a competent court, and unregistered documents are generally inadmissible as evidence of title subject to the statutory exceptions.

 

123. Section 70 of the Patents Act, 1970 deals with:

a. Power of registered grantee or proprietor to deal with patent

b. Assignment of patents

c. Registration of assignments

d. Co-ownership of patents

 

124. Under Section 70, the registered grantee or proprietor of a patent has the power to:

a. Assign, grant licences under, or otherwise deal with the patent

b. Only assign the patent

c. Only grant licences

d. Only mortgage the patent

 

125. The power of the registered grantee or proprietor under Section 70 is subject to:

a. Only the approval of the Controller

b. The provisions relating to co-ownership of patents and any rights of which notice is entered in the register

c. Only the consent of the Central Government

d. Only the payment of renewal fees

 

126. Under Section 70, the registered grantee or proprietor may:

a. Give effectual receipts for consideration received for an assignment, licence or other dealing with the patent

b. Receive consideration only through the Controller

c. Grant licences without consideration

d. Issue receipts only after registration of the transaction

 

127. Which of the following statements is correct under Section 70?

a. The registered proprietor cannot assign a patent once it is registered.

b. The registered proprietor's power to deal with the patent is absolute and unaffected by co-ownership or registered interests.

c. Equities in respect of a patent cannot be enforced as patents are statutory rights.

d. Subject to the Act, the registered grantee or proprietor may assign, license or otherwise deal with the patent and give valid receipts for the consideration, while equities in respect of the patent may be enforced like those relating to other movable property.

 

128. Section 71 of the Patents Act, 1970 deals with:

a. Rectification of register by High Court

b. Rectification of specifications

c. Restoration of patents

d. Register of patents

 

129. Under Section 71(1), an application for rectification of the register may be made by:

a. Any person aggrieved

b. Only the Controller

c. Only the Central Government

d. Only the registered proprietor

 

130. Which of the following is a ground for seeking rectification of the register under Section 71(1)?

a. Absence or omission of an entry from the register

b. An entry made without sufficient cause

c. An entry wrongly remaining on the register or an error or defect in any entry

d. All of the above

 

131. Under Section 71(2), the High Court may:

a. Decide any question necessary or expedient in connection with the rectification of the register

b. Decide only questions of law

c. Grant a fresh patent

d. Review the grant of every patent

 

132. Under Section 71(3), notice of an application for rectification shall be given to:

a. The Central Government

b. The Controller

c. The Registrar of Companies

d. The Patent Agent

 

133. Under Section 71(3), the Controller:

a. Has no right to participate in rectification proceedings

b. Is entitled to appear and be heard and shall appear if so directed by the High Court

c. Must always appear personally

d. Can overrule the High Court

 

134. Under Section 71(4), after the High Court orders rectification of the register:

a. The register is automatically rectified by the High Court

b. The Controller rectifies the register upon receipt of notice of the rectification

c. The Central Government rectifies the register

d. The patentee rectifies the register

 

135. Which of the following statements is correct under Section 71?

a. Only the Controller may seek rectification of the register.

b. The High Court cannot direct deletion of an entry from the register.

c. The Controller has no right to be heard in rectification proceedings.

d. The High Court may order the making, variation or deletion of entries in the register on the application of an aggrieved person, and the Controller shall rectify the register upon receiving notice of the Court's order.

 

136. Section 72 of the Patents Act, 1970 deals with:

a. Register to be open for inspection

b. Register of patents

c. Rectification of register

d. Registration of assignments

 

137. Under Section 72(1), the register shall:

a. Be open only to patentees

b. Be open to inspection by the public at all convenient times, subject to the Act and the rules

c. Be inspected only with the Controller's permission

d. Be confidential

 

138. Under Section 72(1), certified copies of entries in the register shall be:

a. Issued free of cost

b. Given only to patentees

c. Given to any person requiring them on payment of the prescribed fee and sealed with the seal of the patent office

d. Issued only by the High Court

 

139. Under Section 72(2), the register is:

a. Conclusive evidence of every fact

b. Prima facie evidence of matters required or authorised by or under the Act to be entered therein

c. Admissible only in civil proceedings

d. Not admissible in evidence

 

140. Where the record of particulars is maintained in computer floppies, diskettes or any other electronic form, Section 72(3) is complied with if:

a. The records are accessible only to the Controller

b. The records are printed once every year

c. The public is given access to the electronic records or printouts for inspection

d. The records are uploaded only to the Government website

 

141. Which of the following statements is correct under Section 72?

a. The register is confidential and cannot be inspected by the public.

b. Certified copies of entries are issued only to the registered proprietor.

c. Electronic records do not satisfy the requirements of Section 72.

d. Subject to the Act and the rules, the register is open for public inspection, certified copies are available on payment of the prescribed fee, the register is prima facie evidence of authorised entries, and electronic records or printouts may be made available for inspection.

 

142. Section 73 of the Patents Act, 1970 deals with:

a. Controller and other officers

b. Powers of the Controller

c. Patent Office

d. Patent Agents

 

143. Under Section 73(1), who shall be the Controller of Patents for the purposes of the Patents Act, 1970?

a. The Secretary, DPIIT

b. The Controller General of Patents, Designs and Trade Marks appointed under Section 3(1) of the Trade Marks Act, 1999

c. The Registrar of Trade Marks

d. The Chairperson of the High Court

 

144. Under Section 73(2), the Central Government may appoint:

a. Only Examiners

b. Only Deputy Controllers

c. As many Examiners and other officers with such designations as it thinks fit

d. Only Patent Agents

 

145. Under Section 73(3), the officers appointed under Section 73(2):

a. Exercise all powers independently of the Controller

b. Discharge such functions of the Controller as are authorised by him under his superintendence and directions

c. Can delegate their powers to Patent Agents

d. Function under the supervision of the High Court

 

146. Under Section 73(3), the Controller authorises officers to discharge his functions by:

a. Oral directions

b. Notification in the Official Gazette only

c. General or special order in writing

d. Approval of the Central Government

 

147. Under Section 73(4), the Controller may:

a. Withdraw any matter pending before an officer, deal with it himself or transfer it to another officer

b. Transfer every matter only to the High Court

c. Delegate pending matters to Patent Agents

d. Review only decided matters

 

148. Where the Controller withdraws or transfers a pending matter under Section 73(4), the matter may proceed:

a. Only de novo

b. Only from the stage at which it was withdrawn or transferred

c. Either de novo or from the stage at which it was withdrawn or transferred, subject to any special directions

d. Only after fresh filing by the applicant

 

149. Which of the following statements is correct under Section 73?

a. Officers appointed under Section 73(2) exercise the Controller's functions independently.

b. The Controller cannot withdraw a matter once assigned to an officer.

c. The Central Government appoints only Examiners under this section.

d. The Controller General of Patents, Designs and Trade Marks is the Controller of Patents, the Central Government may appoint Examiners and other officers, and the Controller may authorise, withdraw or transfer matters by written order in accordance with the Act.

 

150. Section 74 of the Patents Act, 1970 deals with:

a. Patent office and its branches

b. Controller and other officers

c. Register of patents

d. Patent agents

 

151. Under Section 74(1), for the purposes of the Patents Act, there shall be:

a. A Patent Tribunal

b. An office known as the Patent Office

c. A National Patent Authority

d. A Central Patent Registry

 

152. Under Section 74(2), the name of the Patent Office is specified by:

a. The Controller

b. The High Court

c. The Central Government by notification in the Official Gazette

d. The President of India

 

153. Under Section 74(3), the head office of the Patent Office shall be at:

a. New Delhi

b. Such place as the Controller specifies

c. Such place as the Central Government specifies

d. Mumbai only

 

154. Under Section 74(3), branch offices of the Patent Office may be established:

a. Only with the approval of the High Court

b. At such places as the Central Government thinks fit for facilitating the registration of patents

c. Only in State capitals

d. Only where a High Court is situated

 

155. Which of the following statements is correct under Section 74?

a. The Patent Office has no official seal.

b. The Controller determines the location of the head office.

c. Branch offices can be established only by an Act of Parliament.

d. The Act establishes a Patent Office, the Central Government may specify its name and the location of its head office, establish branch offices for facilitating patent registration, and there shall be a seal of the Patent Office.

 

Download Patents Act, 1970 MCQs Set - 3 PDF