Download Patents Act, 1970 MCQs Set - 2 PDF

 

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

a. Power of Controller to refuse or require amended applications, etc., in certain cases

b. Examination of application

c. Opposition to grant of patent

d. Publication of applications

 

2. Under Section 15, where the Controller is satisfied that the application, specification or any other document does not comply with the requirements of the Act or the Rules, he may:

a. Grant the patent subject to conditions

b. Refuse the application or require the application, specification or other documents to be amended to his satisfaction before proceeding

c. Refer the matter to the Central Government

d. Publish the application again

 

3. Which of the following statements is correct under Section 15?

a. The Controller can refuse an application only after opposition proceedings.

b. Failure to amend the application, specification or other documents to the satisfaction of the Controller empowers him to refuse the application.

c. Non-compliance with the Rules cannot be a ground for refusal.

d. The Controller has no power to require amendments.

 

4. Section 16 of the Patents Act, 1970 deals with:

a. Power of Controller to make orders respecting division of application

b. Power to refuse applications

c. Publication of applications

d. Examination of applications

 

5. Under Section 16(1), a further application may be filed:

a. Only after grant of the patent

b. At any time before the grant of the patent, either voluntarily or to remedy the Controller's objection that the claims relate to more than one invention

c. Only with the permission of the Central Government

d. Only after publication of the application

 

6. Under Section 16(2), the complete specification accompanying the further application:

a. May include any new matter discovered by the applicant

b. Shall not include any matter not in substance disclosed in the complete specification filed with the first application

c. Must be identical to the original complete specification

d. Need not be accompanied by a complete specification

 

7. Under Section 16(3), the Controller may require amendments to:

a. Ensure that both complete specifications contain identical claims

b. Ensure that neither complete specification includes a claim for any matter claimed in the other

c. Restrict both applications to one claim each

d. Convert the further application into a convention application

 

8. Which of the following statements is correct under Section 16?

a. A further application is deemed to have been filed on the date of its actual filing.

b. A further application is deemed to have been filed on the date of the first application and proceeds as a substantive application, to be examined when a request for examination is filed within the prescribed period.

c. A further application may include subject matter not disclosed in the original complete specification.

d. A divisional application can be filed only after the patent is granted.

 

9. Section 17 of the Patents Act, 1970 deals with:

a. Power of Controller to make orders respecting dating of application

b. Divisional applications

c. Publication of applications

d. Examination of applications

 

10. Under Section 17(1), the Controller may, at the request of the applicant, direct that the application be:

a. Ante-dated

b. Post-dated before the grant of the patent, subject to Section 9

c. Withdrawn

d. Published immediately

 

11. Under the proviso to Section 17(1), an application shall not be post-dated to a date later than:

a. Three months from the actual filing date

b. Six months from the date on which it was actually made or would, but for Section 17(1), be deemed to have been made

c. Twelve months from the filing date

d. The date of publication

 

12. Under Section 17(2), where an application, specification (including drawings) or any other document is required to be amended under Section 15, it shall, if the Controller so directs, be deemed to have been made:

a. On the original filing date in every case

b. On the date the requirement is complied with or, where returned to the applicant, on the date it is refiled after compliance

c. On the date of publication

d. On the date of grant

 

13. Which of the following statements is correct under Section 17?

a. The Controller may post-date an application without any request from the applicant.

b. An application may be post-dated beyond six months from its actual filing date.

c. Subject to Section 9, the Controller may, before the grant of the patent and on the applicant's prescribed request, post-date the application, subject to the six-month limit.

d. Section 17 deals with ante-dating of applications only.

 

14. Section 18 of the Patents Act, 1970 deals with:

a. Powers of Controller in cases of anticipation

b. Examination of application

c. Publication of applications

d. Grant of patents

 

15. Under Section 18(1), where the Controller finds that the invention has been anticipated as referred to in Section 13(1)(a) or Section 13(2), he may:

a. Grant the patent unconditionally

b. Refuse the application unless the applicant establishes an earlier priority date or amends the complete specification to the Controller's satisfaction

c. Refer the matter to the Central Government

d. Publish the application afresh

 

16. Under Section 18(2), where the invention is claimed in another complete specification referred to in Section 13(1)(b), the Controller may:

a. Reject the application immediately

b. Direct insertion of a reference to the other specification by way of notice to the public unless the applicant establishes an earlier or equal priority date or suitably amends the complete specification

c. Grant both patents simultaneously

d. Revoke the earlier application

 

17. Under Section 18(3), the provisions of Section 18(2) shall also apply where:

a. The applicant withdraws the application

b. The invention is claimed in another complete specification referred to in Section 13(1)(a), that specification was published on or after the priority date of the applicant's claim, and the applicant fails to establish an earlier or equal priority date

c. The Controller finds lack of industrial applicability

d. The invention is opposed after grant

 

18. Which of the following statements is correct under Section 18?

a. Every anticipation necessarily results in refusal of the application.

b. The Controller has no power to require amendment of the complete specification in anticipation cases.

c. In anticipation cases, the Controller may refuse the application or require amendment, and in appropriate cases may direct insertion of a reference to another specification unless the applicant establishes the requisite priority or amends the specification.

d. Section 18 applies only to foreign patent specifications.

 

19. Section 19 of the Patents Act, 1970 deals with:

a. Powers of Controller in case of potential infringement

b. Powers of Controller in cases of anticipation

c. Opposition to grant of patent

d. Revocation of patents

 

20. Under Section 19(1), where the Controller finds that an invention cannot be performed without substantial risk of infringing a claim of another patent, he may:

a. Revoke the other patent

b. Direct insertion of a reference to that other patent in the applicant's complete specification by way of notice to the public unless the applicant establishes reasonable grounds for contesting the validity of the claim or suitably amends the specification

c. Reject the application in every case

d. Grant a compulsory licence

 

21. Under Section 19(2), the Controller may delete the reference to the other patent on the applicant's application where:

a. The other patent is revoked or ceases to be in force

b. The relevant claim of the other patent is deleted by amendment

c. A court or the Controller finds that the relevant claim is invalid or is not infringed by working the applicant's invention

d. Any of the above

 

22. Which of the following statements is correct under Section 19?

a. A reference inserted under Section 19 can never be deleted.

b. The Controller may direct insertion of a reference to another patent where there is a substantial risk of infringement and may later delete that reference if any of the conditions in Section 19(2) are satisfied.

c. Section 19 automatically invalidates the applicant's invention.

d. The Controller must reject every application involving potential infringement.

 

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

a. Powers of Controller to make orders regarding substitution of applicants, etc.

b. Powers of Controller in case of potential infringement

c. Divisional applications

d. Grant of patents

 

24. Under Section 20(1), where the Controller is satisfied that by virtue of an assignment, agreement in writing or operation of law the claimant would be entitled to the patent or an interest therein before grant, he may:

a. Grant the patent immediately

b. Direct that the application shall proceed in the name of the claimant or jointly with the applicant, as the case may require

c. Reject the application

d. Refer the matter to the Central Government

 

25. Under Section 20(2), where there are two or more joint applicants, a direction based on an assignment or agreement made by one joint applicant shall not be given:

a. Without the consent of the other joint applicant or applicants

b. Unless the Controller permits it

c. Unless the assignment is registered

d. After publication of the application

 

26. Under Section 20(3), an assignment or agreement for assignment of the benefit of an invention shall support a direction only if:

a. The invention is identified by the application number, or the assignor acknowledges that it relates to the invention, or the claimant's rights are finally established by a court, or the Controller gives directions under Section 20(5)

b. It is executed before publication only

c. It is registered with the Patent Office

d. It is notarised

 

27. Under Section 20(4), where one of two or more joint applicants dies before grant of the patent, the Controller may direct the application to proceed in the name of the survivor or survivors alone:

a. Automatically

b. On the request of the survivor or survivors and with the consent of the legal representative of the deceased

c. Only by order of a civil court

d. Only after grant of probate

 

28. Which of the following statements is correct under Section 20?

a. The Controller cannot decide disputes between joint applicants.

b. In case of a dispute between joint applicants, the Controller may, after giving all parties an opportunity of being heard, direct that the application proceed in the name of one or more parties alone or regulate the manner in which it should proceed.

c. Every assignment by one joint applicant automatically binds the other joint applicants.

d. The death of a joint applicant automatically terminates the patent application.

 

29. Section 21 of the Patents Act, 1970 deals with:

a. Time for putting application in order for grant

b. Grant and sealing of patents

c. Opposition proceedings

d. Publication of applications

 

30. Under Section 21(1), an application for a patent shall be deemed to have been abandoned unless:

a. It is published within the prescribed period

b. The applicant complies with all requirements imposed by or under the Act within the prescribed period from the date on which the first statement of objections is forwarded by the Controller

c. The patent is granted within the prescribed period

d. The applicant files a divisional application

 

31. Under the Explanation to Section 21(1), where a document returned by the Controller is not re-filed, the applicant shall be deemed to have complied with the requirements:

a. Immediately upon return of the document

b. Only if he re-files the document or proves to the satisfaction of the Controller that, for reasons beyond his control, it could not be re-filed

c. On payment of the prescribed fee

d. Upon filing an appeal

 

32. Under Section 21(2), where an appeal to the High Court is pending in respect of the main invention or, in the case of a patent of addition, the main invention or the patent of addition, the time for compliance may be:

a. Extended by the Controller indefinitely

b. Extended by the High Court, on an application made before expiry of the prescribed period, until such date as the High Court determines

c. Extended automatically

d. Extended only by the Central Government

 

33. Under Section 21(3), where the time for filing an appeal has not expired, the Controller may:

a. Reject the application immediately

b. Extend the prescribed period to such further period as he may determine

c. Grant the patent without compliance

d. Transfer the application to the High Court

 

34. Under the proviso to Section 21(3), where an appeal is filed during the further period and the High Court grants extension of time:

a. The Controller's extension automatically ceases

b. The requirements may be complied with within the time granted by the High Court

c. The application is deemed abandoned

d. A fresh application must be filed

 

35. Which of the following statements is correct under Section 21?

a. An application can never be deemed abandoned for non-compliance with the Controller's requirements.

b. An application is deemed abandoned unless the applicant complies with all statutory requirements within the prescribed period, subject to the extensions permissible under Section 21.

c. Only the Controller can extend the prescribed period in every case.

d. The Explanation deems compliance even if the returned document is never re-filed.

 

36. Section 22 of the Patents Act, 1970 dealt with:

a. Acceptance of complete specification

b. Publication of applications

c. Request for examination

d. Grant of patents

 

37. Which of the following statements is correct regarding Section 22?

a. Section 22 is still in force.

b. Section 22 was omitted by the Patents (Amendment) Act, 2005 (15 of 2005) with effect from 1-1-2005.

c. Section 22 was omitted by the Patents (Amendment) Act, 2002.

d. Section 22 was repealed in 1970.

 

38. Section 23 of the Patents Act, 1970 dealt with:

a. Advertisement of acceptance of complete specification

b. Grant of patents

c. Opposition to patents

d. Secrecy directions

 

39. Which of the following statements is correct regarding Section 23?

a. Section 23 is still in force.

b. Section 23 was omitted by the Patents (Amendment) Act, 2005 (15 of 2005) with effect from 1-1-2005.

c. Section 23 was omitted by the Patents (Amendment) Act, 1999.

d. Section 23 was repealed by the Copyright Act.

 

40. Section 24 of the Patents Act, 1970 dealt with:

a. Effect of acceptance of complete specification

b. Examination of applications

c. Publication of applications

d. Patent of addition

 

41. Which of the following statements is correct regarding Section 24?

a. Section 24 continues to operate.

b. Section 24 was omitted by the Patents (Amendment) Act, 2005 (15 of 2005) with effect from 1-1-2005.

c. Section 24 was omitted by the Patents (Amendment) Act, 2002.

d. Section 24 was repealed by the Designs Act.

 

42. Section 25 of the Patents Act, 1970 deals with:

a. Opposition to the patent

b. Revocation of patents

c. Grant of patents

d. Patent of addition

 

43. Under Section 25(1), before the grant of a patent, who may oppose the grant of a patent and when?

a. Only a person interested, after grant

b. Any person, after the application has been published but before the patent has been granted

c. Only the Central Government before publication

d. Only the patentee within one year of grant

 

44. Which of the following is a valid ground of pre-grant opposition under Section 25(1)?

a. Wrongful obtaining of the invention, prior publication, prior claim, prior public knowledge or use, or lack of inventive step

b. Low commercial value of the invention

c. Failure to exploit the invention commercially

d. Non-payment of renewal fee

 

45. Which of the following is also a valid ground of pre-grant opposition under Section 25(1)?

a. Insufficient disclosure, failure to comply with Section 8, delayed convention application, incorrect disclosure of source or geographical origin of biological material, or anticipation by indigenous knowledge

b. High cost of the invention

c. Refusal to license the invention

d. Non-working of the patent in India

 

46. Under Section 25(2), after the grant of a patent, who may give notice of opposition and within what period?

a. Any person at any time

b. Any person interested, before expiry of one year from the date of publication of grant of the patent

c. Only the Central Government within two years

d. Only the applicant within six months

 

47. The grounds of post-grant opposition under Section 25(2):

a. Are substantially the same as those available for pre-grant opposition under Section 25(1)

b. Are confined only to wrongful obtaining

c. Are confined only to lack of inventive step

d. Are available only for convention applications

 

48. Upon receipt of a notice of post-grant opposition under Section 25(3), the Controller shall:

a. Immediately revoke the patent

b. Notify the patentee and constitute an Opposition Board to examine the opposition and submit its recommendations

c. Refer the matter to the High Court

d. Publish the notice in the Official Gazette

 

49. After receiving the recommendations of the Opposition Board and hearing the parties, the Controller may:

a. Only maintain the patent

b. Only revoke the patent

c. Maintain, amend, or revoke the patent

d. Refer the matter to the Central Government

 

50. While deciding an opposition on the grounds under Section 25(2)(d) or (e), the Controller shall not take into account:

a. Personal documents or secret trial or secret use

b. Patent specifications published in India

c. Convention applications

d. Biological material deposited under the Budapest Treaty

 

51. Which of the following statements is correct under Section 25?

a. If the Controller orders that the patent shall be maintained subject to amendment, the patent stands amended accordingly.

b. Every post-grant opposition automatically results in revocation.

c. The Opposition Board itself revokes the patent.

d. Only pre-grant opposition is recognized under the Act.

 

52. Section 26 of the Patents Act, 1970 deals with:

a. In cases of "obtaining", Controller may treat the patent as the patent of opponent

b. Opposition to the patent

c. Revocation of patents

d. Patent of addition

 

53. Under Section 26(1)(a), where in opposition proceedings the Controller finds that the invention was wrongfully obtained from the opponent and revokes the patent on that ground, he may:

a. Grant a fresh patent to the applicant

b. On the opponent's request made in the prescribed manner, direct that the patent shall stand amended in the name of the opponent

c. Cancel all claims permanently

d. Refer the matter to the High Court

 

54. Under Section 26(1)(b), where only a part of the invention was wrongfully obtained from the opponent, the Controller may:

a. Revoke the entire patent in every case

b. Require the complete specification to be amended by excluding that part of the invention

c. Grant a compulsory licence

d. Extend the patent term

 

55. Under Section 26(2), where the opponent has already filed a pending patent application including the invention or part thereof held to have been obtained from him, the Controller may:

a. Treat the opponent's application, for priority purposes, as having been filed on the filing date of the corresponding document in the earlier application, while proceeding with it as a normal patent application for all other purposes

b. Grant the patent without examination

c. Reject the opponent's application

d. Treat the opponent's application as abandoned

 

56. Which of the following statements is correct under Section 26?

a. Where the Controller orders amendment of the specification under Section 26(1)(b), the opponent's pending application may receive the earlier filing date only for determining priority of claims, while for all other purposes it proceeds as an ordinary patent application.

b. Every wrongful obtaining necessarily results in permanent revocation without any amendment.

c. The Controller has no power to amend the patent in the name of the opponent.

d. Section 26 applies only to pre-grant opposition.

 

57. Section 27 of the Patents Act, 1970 dealt with:

a. Refusal of patent without opposition

b. Opposition to the patent

c. Revocation of patents

d. Patent of addition

 

58. Which of the following statements is correct regarding Section 27?

a. Section 27 continues to be in force.

b. Section 27 was omitted by the Patents (Amendment) Act, 2005 (15 of 2005) with effect from 1-1-2005.

c. Section 27 was omitted by the Patents (Amendment) Act, 2002.

d. Section 27 was repealed by the Designs Act, 2000.

 

59. Section 28 of the Patents Act, 1970 deals with:

a. Mention of inventor as such in patent

b. Opposition to the patent

c. Revocation of patents

d. Patent of addition

 

60. Under Section 28(1), the Controller shall mention a person as inventor in the patent, complete specification and register of patents if he is satisfied that:

a. The person is the inventor or inventor of a substantial part of the invention and the application is a direct consequence of his being the inventor

b. The person has financed the invention

c. The person is the patentee

d. The person has commercialised the invention

 

61. The mention of a person as inventor under Section 28:

a. Confers ownership of the patent

b. Confers exclusive rights under the patent

c. Neither confers nor derogates from any rights under the patent

d. Automatically makes the inventor the patentee

 

62. Under Section 28, a request or claim for mention as inventor shall be made:

a. At any time after grant of the patent

b. Before the grant of the patent

c. Within one year after grant

d. Before publication of the application only

 

63. Where a claim is made under Section 28(3), the Controller shall:

a. Reject the claim without notice

b. Give notice to every applicant for the patent (other than the claimant) and other interested persons, and hear the parties if required before deciding

c. Refer the matter to the High Court

d. Decide the claim ex parte

 

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

a. Once a person is mentioned as inventor, the entry can never be corrected.

b. Any person who alleges that another ought not to have been mentioned as inventor may apply to the Controller for a certificate, and if the Controller so finds, he shall rectify the specification and the register accordingly.

c. Only the patentee may seek rectification of the inventor's name.

d. Mention as inventor automatically transfers patent rights.

 

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

a. Anticipation by previous publication

b. Prior claim

c. Opposition to patents

d. Examination of applications

 

66. Under Section 29(1), an invention claimed in a complete specification shall not be deemed to have been anticipated merely because it was published in:

a. Any foreign patent specification

b. A specification filed pursuant to a patent application made in India and dated before 1st January, 1912

c. Any journal article published before filing

d. A convention application

 

67. Under Section 29(2), previous publication shall not anticipate an invention if the patentee or applicant proves that the publication was obtained from him or his predecessor in title without consent and, on learning of such publication, made the patent application as soon as reasonably practicable:

a. True

b. False

c. Only if the publication occurred in India

d. Only in respect of convention applications

 

68. The protection under Section 29(2) shall **not** apply if, before the priority date, the invention was:

a. Commercially worked in India otherwise than for the purpose of reasonable trial by or with the consent of the patentee, applicant or predecessor in title

b. Secretly tested abroad

c. Published in a foreign journal

d. Filed as a divisional application

 

69. Under Section 29(3), where the true and first inventor or a person deriving title from him files a complete specification, the invention shall not be deemed anticipated merely because:

a. Another person had earlier made a patent application in contravention of his rights or because the invention was thereafter used or published without his consent in consequence of disclosure by that applicant

b. The invention was commercially exploited by the true inventor

c. The patent application was filed after publication

d. The invention was disclosed in the complete specification

 

70. Which of the following statements is correct under Section 29?

a. Every previous publication constitutes anticipation.

b. Previous publication obtained without the consent of the true inventor always anticipates the invention.

c. Section 29 provides specified exceptions where previous publication does not amount to anticipation, including publication before 1st January, 1912, unauthorized publication, and publication arising from an application made in contravention of the true inventor's rights.

d. Commercial working in India before the priority date can never affect the protection under Section 29(2).

 

71. Section 30 of the Patents Act, 1970 deals with:

a. Anticipation by previous communication to Government

b. Anticipation by previous publication

c. Prior claiming

d. Opposition to patents

 

72. Under Section 30, an invention shall not be deemed to have been anticipated merely because it was:

a. Communicated to the Government or to a person authorised by the Government to investigate the invention or its merits

b. Published in a scientific journal

c. Commercially worked in India

d. Publicly exhibited

 

73. Which of the following statements is correct under Section 30?

a. Any communication of an invention to the Government amounts to anticipation.

b. Anything done for the purpose of investigation in consequence of communication to the Government does not amount to anticipation.

c. Every investigation by the Government destroys novelty.

d. Communication to the Government automatically grants a patent.

 

74. Section 31 of the Patents Act, 1970 deals with:

a. Anticipation by public display, etc.

b. Anticipation by previous publication

c. Prior claiming

d. Opposition to patents

 

75. Under Section 31, an invention shall not be deemed to have been anticipated by reason only of:

a. Display of the invention at a notified exhibition, publication resulting from such display, unauthorized use during the exhibition, or a paper read before a learned society, provided the patent application is filed within the prescribed period

b. Commercial exploitation of the invention before filing

c. Publication in any newspaper

d. Sale of the invention anywhere in the world

 

76. To claim the benefit of Section 31, the application for the patent must be made by the true and first inventor or a person deriving title from him:

a. Within six months after the exhibition or publication

b. Not later than twelve months after the opening of the exhibition or the reading or publication of the paper, as the case may be

c. Within two years from the first disclosure

d. At any time before grant of the patent

 

77. Which of the following statements is correct under Section 31?

a. Any public display of an invention destroys novelty.

b. An unauthorized use of the invention during the period of a notified exhibition amounts to anticipation.

c. Section 31 protects specified disclosures, displays and publications from constituting anticipation, subject to filing the patent application within twelve months.

d. Section 31 applies only to foreign exhibitions.

 

78. Section 32 of the Patents Act, 1970 deals with:

a. Anticipation by public working

b. Anticipation by public display

c. Anticipation by previous publication

d. Prior claiming

 

79. Under Section 32, an invention shall not be deemed to have been anticipated merely because, within one year before the priority date, it was publicly worked in India by the patentee, applicant, predecessor in title, or with their consent, provided the public working was for:

a. Commercial exploitation

b. Reasonable trial only, and public working was reasonably necessary having regard to the nature of the invention

c. Public sale

d. Advertising the invention

 

80. Which of the following statements is correct under Section 32?

a. Every public working before the priority date destroys novelty.

b. Public working for reasonable trial within one year before the priority date does not constitute anticipation if public working was reasonably necessary considering the nature of the invention.

c. Section 32 applies only where the invention is worked outside India.

d. Public working for commercial production is always protected under Section 32.

 

81. Section 33 of the Patents Act, 1970 deals with:

a. Anticipation by use and publication after provisional specification

b. Anticipation by public working

c. Prior claiming

d. Opposition to patents

 

82. Under Section 33(1), where a complete specification is filed or proceeded with pursuant to an application accompanied by a provisional specification, the Controller shall not refuse the patent, nor shall the patent be revoked or invalidated, merely because:

a. Matter described in the provisional specification was used in India or published in India or elsewhere after the filing of that specification

b. The invention was commercially worked before filing

c. The invention was displayed at an exhibition

d. The invention was secretly used before filing

 

83. Under Section 33(2), where a complete specification is filed pursuant to a convention application, the Controller shall not refuse the patent merely because:

a. Matter disclosed in the convention application was used in India or published in India or elsewhere after the date of the application for protection in the convention country

b. The invention was published before the convention application

c. The invention was commercially exploited before the convention application

d. The invention lacked inventive step

 

84. Section 34 of the Patents Act, 1970 deals with:

a. No anticipation if circumstances are only as described in Sections 29, 30, 31 and 32

b. Anticipation by previous publication

c. Opposition to patents

d. Secrecy directions

 

85. Which of the following statements is correct under Section 34?

a. A patent may be refused solely because of circumstances protected under Sections 29 to 32.

b. A patent shall not be refused, revoked or invalidated merely because of circumstances which, under Sections 29, 30, 31 or 32, do not constitute anticipation of the claimed invention.

c. Section 34 applies only to convention applications.

d. Section 34 applies only after grant of the patent.

 

86. Section 35 of the Patents Act, 1970 deals with:

a. Secrecy directions relating to inventions relevant for defence purposes

b. Anticipation by previous publication

c. Opposition to patents

d. Revocation of patents

 

87. Under Section 35(1), the Controller may issue secrecy directions where:

a. The invention appears to be relevant for defence purposes or belongs to a class notified by the Central Government as relevant for defence purposes

b. The invention has commercial value

c. The invention is opposed by any person

d. The invention relates to pharmaceuticals

 

88. When the Controller issues secrecy directions under Section 35(1), he shall:

a. Grant the patent immediately

b. Give notice of the application and the directions to the Central Government

c. Publish the complete specification

d. Refer the matter to the High Court

 

89. Under Section 35(2), if the Central Government considers that publication of the invention would **not** be prejudicial to the defence of India, it shall:

a. Direct revocation of the patent

b. Notify the Controller, who shall revoke the secrecy directions and notify the applicant

c. Keep the secrecy directions in force permanently

d. Transfer the application to the Ministry of Defence

 

90. Under Section 35(3), where the Central Government is of the opinion that an invention is relevant for defence purposes, it may notify the Controller:

a. At any time after the patent expires

b. At any time before the grant of the patent

c. Only after publication of the complete specification

d. Only after opposition proceedings

 

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

a. Only the Controller can determine whether an invention is relevant for defence purposes.

b. The Central Government cannot intervene if the Controller has not issued secrecy directions.

c. The Central Government may notify the Controller before the grant of the patent that an invention is relevant for defence purposes, whereupon the Controller shall issue secrecy directions as if the invention belonged to a notified class.

d. Secrecy directions automatically lapse after six months.

 

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

a. Secrecy directions to be periodically reviewed

b. Secrecy directions relating to defence purposes

c. Opposition to patents

d. Revocation of patents

 

93. Under Section 36(1), the Central Government shall reconsider whether an invention continues to be relevant for defence purposes:

a. Every three months

b. Every six months or on a request by the applicant found reasonable by the Controller

c. Every year only

d. Only on the Controller's direction

 

94. Under Section 36, if on reconsideration the Central Government finds that publication would no longer be prejudicial to the defence of India, or in the case of a foreign applicant the invention has been published outside India, it shall:

a. Reject the patent application

b. Notify the Controller to revoke the secrecy directions, whereupon the Controller shall revoke them, and the result of every reconsideration shall be communicated to the applicant in the prescribed time and manner

c. Continue the secrecy directions indefinitely

d. Refer the matter to the High Court

 

95. Section 37 of the Patents Act, 1970 deals with:

a. Consequences of secrecy directions

b. Secrecy directions to be periodically reviewed

c. Government use of inventions

d. Revocation of patents

 

96. So long as secrecy directions under Section 35 remain in force, the Controller shall:

a. Refuse the patent application

b. Neither pass an order refusing to grant the application nor shall an appeal lie from his order; the application may proceed up to the grant stage but neither the application nor the specification shall be published and no patent shall be granted

c. Grant the patent subject to conditions

d. Publish only the complete specification

 

97. Under Section 37(2), where the complete specification is found to be in order for grant during the continuance of secrecy directions:

a. Government use of the invention attracts Sections 100, 101 and 103 as if the patent had been granted, and the Central Government may pay reasonable solatium to the applicant if hardship is caused

b. The patent is deemed to have been granted immediately

c. The application stands abandoned

d. The applicant is entitled to compulsory licensing

 

98. Which of the following statements is correct under Section 37?

a. Renewal fee remains payable during the period secrecy directions are in force.

b. A patent granted after secrecy directions are revoked is exempt from renewal fees only for the first year.

c. Where a patent is granted pursuant to an application in respect of which secrecy directions had been issued, no renewal fee is payable for the period during which those directions remained in force.

d. Secrecy directions automatically terminate the patent application.

 

99. Section 38 of the Patents Act, 1970 deals with:

a. Revocation of secrecy directions and extension of time

b. Consequences of secrecy directions

c. Government use of inventions

d. Revocation of patents

 

100. Under Section 38, when secrecy directions under Section 35 are revoked by the Controller, he may:

a. Grant the patent without examination

b. Extend the time for doing anything required or authorised under the Act in connection with the patent application, subject to such conditions as he thinks fit, whether or not the original time has expired

c. Reject the application automatically

d. Revoke the patent permanently

 

101. Which of the following statements is correct under Section 38?

a. The Controller cannot extend any statutory time limit after secrecy directions are revoked.

b. Extension of time under Section 38 is permissible only before the prescribed period expires.

c. Upon revocation of secrecy directions, the Controller may extend the time for any act connected with the patent application, even if the prescribed time has already expired, subject to conditions.

d. Section 38 applies only to convention applications.

 

102. Section 39 of the Patents Act, 1970 deals with:

a. Residents not to apply for patents outside India without prior permission

b. Convention applications

c. Secrecy directions

d. Foreign patent rights

 

103. Under Section 39(1), a person resident in India shall not apply for a patent outside India unless:

a. He obtains a written permit from the Controller, or an application for the same invention has been made in India at least six weeks earlier and no secrecy directions under Section 35 are in force or they have been revoked

b. He files the foreign application within thirty days of the Indian application

c. He obtains permission from the State Government

d. He first files in any convention country

 

104. Under Section 39(2), where the invention is relevant for defence purposes or atomic energy:

a. The Controller may grant permission without any approval

b. The Controller shall not grant the permit without the prior consent of the Central Government

c. Approval of the High Court is necessary

d. No application can ever be made outside India

 

105. Which of the following statements is correct under Section 39?

a. Section 39 applies to every foreign applicant.

b. Section 39 also applies to a person resident outside India who first files abroad.

c. Section 39 does not apply to an invention for which the first application for protection has been filed outside India by a person resident outside India.

d. Every resident in India must always obtain prior written permission from the Controller before filing abroad, even if the statutory exceptions are satisfied.

 

106. Section 40 of the Patents Act, 1970 deals with:

a. Liability for contravention of Section 35 or Section 39

b. Finality of orders

c. Disclosure to Government

d. Revocation of patents

 

107. Under Section 40, if a person contravenes secrecy directions under Section 35 or makes an application for a patent outside India in contravention of Section 39:

a. The application shall be deemed to have been abandoned and any patent granted shall be liable to be revoked under Section 64

b. Only a monetary penalty is imposed

c. The patent automatically remains valid

d. Only the foreign application becomes invalid

 

108. Section 41 of the Patents Act, 1970 deals with:

a. Finality of orders of Controller and Central Government

b. Secrecy directions

c. Government use of inventions

d. Convention applications

 

109. Under Section 41, the orders of the Controller giving secrecy directions and the orders of the Central Government under this Chapter:

a. Are appealable before the High Court

b. Are final and shall not be called in question in any court on any ground whatsoever

c. May be challenged before the Controller

d. Are subject to review by the Appellate Board

 

110. Section 42 of the Patents Act, 1970 deals with:

a. Savings respecting disclosure to Government

b. Secrecy directions

c. Opposition to patents

d. Compulsory licences

 

111. Which of the following statements is correct under Section 42?

a. The Controller is prohibited from disclosing any patent application to the Central Government.

b. The Controller may disclose information concerning a patent application or specification to the Central Government for examining whether secrecy directions should be issued or revoked.

c. Disclosure to the Central Government is permissible only after grant of the patent.

d. Section 42 permits disclosure to any private person for defence purposes.

 

112. Section 43 of the Patents Act, 1970 deals with:

a. Grant of patents

b. Opposition to patents

c. Secrecy directions

d. Revocation of patents

 

113. A patent shall be granted under Section 43(1) where:

a. The application has been found to be in order for grant and has neither been refused by the Controller under the Act nor found to be in contravention of the provisions of the Act

b. The application has merely been published

c. The opposition period has expired irrespective of defects

d. The applicant pays the renewal fee

 

114. Under Section 43(1), the patent shall be granted:

a. Only to the first applicant

b. To the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the Patent Office, and the date of grant shall be entered in the register

c. Only after approval of the Central Government

d. Only after commercial working of the invention

 

115. Under Section 43(2), which of the following occurs immediately on the grant of a patent?

a. The patent automatically becomes irrevocable.

b. The Controller publishes the fact of grant, whereupon the application, specification and other related documents become open for public inspection.

c. The complete specification is kept confidential for one year.

d. Only the register of patents is made available for inspection.

 

116. Which of the following statements is correct under Section 43?

a. A patent may be granted even if the application is found to be in contravention of the Act.

b. After the grant of a patent, only the specification is open for public inspection.

c. The date of grant is entered in the register and, upon publication of the grant, the application, specification and other related documents become open for public inspection.

d. Publication of the grant is optional and depends upon the Controller's discretion.

 

117. Section 44 of the Patents Act, 1970 deals with:

a. Amendment of patent granted to deceased applicant

b. Restoration of lapsed patents

c. Grant of patents

d. Amendment of application before grant

 

118. The Controller may amend a patent under Section 44 if he is satisfied that:

a. The patentee died or, in the case of a body corporate, ceased to exist after the patent was granted

b. The patentee died or, in the case of a body corporate, ceased to exist before the patent was granted

c. The patentee failed to pay renewal fees

d. The invention was commercially worked before grant

 

119. Under Section 44, the amendment made by the Controller consists of:

a. Cancelling the patent

b. Extending the patent term

c. Substituting the name of the person to whom the patent ought to have been granted in place of the deceased or non-existent grantee

d. Converting the patent into a patent of addition

 

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

a. A patent amended under Section 44 takes effect only from the date of amendment.

b. The Controller has no power to amend a patent after grant.

c. The Controller may amend the patent only on an order of the High Court.

d. After amendment, the patent shall have effect and shall be deemed always to have had effect as if it had originally been granted to the substituted person.

 

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

a. Date of patent

b. Grant of patents

c. Register of patents

d. Term of patents

 

122. Under Section 45(1), subject to the other provisions of the Act, every patent shall be dated:

a. The date of grant of the patent

b. The date of publication of the application

c. The date on which the application for patent was filed

d. The date of entry in the register

 

123. Under Section 45(2), which of the following shall be entered in the register?

a. Date of publication of the application

b. Date of every patent

c. Date of examination report

d. Date of opposition

 

124. Which of the following statements is correct under Section 45?

a. A suit for infringement may be instituted for acts committed before the date of publication of the patent application.

b. No suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before the date of publication of the application.

c. No infringement suit can be filed before the patent is granted, irrespective of the Act.

d. The date of every patent is the date of grant.

 

125. Section 46 of the Patents Act, 1970 deals with:

a. Form, extent and effect of patent

b. Date of patent

c. Grant of patents

d. Register of patents

 

126. Under Section 46, every patent shall:

a. Be in the prescribed form and have effect throughout India

b. Be in such form as the patentee determines and have effect only in the State where granted

c. Be effective only after commercial working

d. Have effect only in notified territories

 

127. Which of the following statements is correct regarding Section 46?

a. A patent may be challenged solely on the ground that it has been granted for more than one invention.

b. A patent shall be granted for one invention only, but no objection can be taken in any suit or proceeding merely because it was granted for more than one invention.

c. A patent may be granted only for two related inventions.

d. Every patent automatically becomes void if it covers more than one invention.

 

128. Section 47 of the Patents Act, 1970 deals with:

a. Grant of patents to be subject to certain conditions

b. Government acquisition of patents

c. Compulsory licences

d. Surrender of patents

 

129. Which of the following is **NOT** a condition subject to which every patent is granted under Section 47?

a. The Government may import or make the patented article, or use the patented process, merely for its own use.

b. Any person may use the patented invention merely for experiment or research, including imparting instructions to pupils.

c. In the case of a patented medicine or drug, the Government may import it for its own use or distribution to specified medical institutions.

d. Any private person may commercially manufacture and sell the patented invention without the consent of the patentee.

 

130. Which of the following statements is correct under Section 47?

a. Experimental or research use of a patented invention is prohibited without the patentee's consent.

b. The Government may use a patented process only after obtaining a compulsory licence.

c. Every patent is granted subject to statutory conditions permitting specified Government use, experimental or research use, and, in the case of medicines or drugs, Government import for specified public institutions.

d. Section 47 applies only to process patents.

 

131. Section 48 of the Patents Act, 1970 deals with:

a. Rights of patentees

b. Rights of Government

c. Compulsory licences

d. Patent infringement

 

132. Under Section 48, where the subject matter of a patent is a **product**, the patentee has the exclusive right to prevent third parties, without his consent, from:

a. Making, using, offering for sale, selling or importing the product in India for those purposes

b. Only manufacturing the product

c. Only selling the product

d. Only importing the product

 

133. Under Section 48, where the subject matter of a patent is a **process**, the patentee has the exclusive right to prevent third parties, without his consent, from:

a. Using the process only

b. Selling only the product obtained by the process

c. Using the process and using, offering for sale, selling or importing the product directly obtained by that process in India

d. Exporting the product only

 

134. Which of the following statements is correct under Section 48?

a. The rights of a patentee under Section 48 are absolute and are not subject to any other provision of the Act.

b. The rights conferred under Section 48 are subject to the other provisions of the Act and the conditions specified in Section 47.

c. A process patent confers rights only over the process and never over the product directly obtained by it.

d. A product patent confers only the right to manufacture the product.

 

135. Section 49 of the Patents Act, 1970 deals with:

a. Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India

b. Government use of patented inventions

c. Compulsory licences

d. Revocation of patents

 

136. Under Section 49(1), patent rights are not infringed by the use of the invention:

a. In any foreign vessel permanently operating in India

b. In a foreign vessel, aircraft or land vehicle temporarily or accidentally in India, subject to the statutory conditions

c. In every imported vehicle irrespective of its stay

d. Only in foreign warships

 

137. Which of the following statements is correct under Section 49?

a. Section 49 applies even where the foreign country's laws do not grant corresponding rights to Indian vessels, aircraft or land vehicles.

b. Section 49 applies only to foreign aircraft.

c. Section 49 does not extend to vessels, aircraft or land vehicles of a foreign country whose laws do not confer corresponding rights on Indian vessels, aircraft or land vehicles.

d. Section 49 permits commercial manufacture of patented products in India by foreign vessels.

 

138. Section 50 of the Patents Act, 1970 deals with:

a. Rights of co-owners of patents

b. Assignment of patents

c. Register of patents

d. Licences of right

 

139. Where a patent is granted to two or more persons, each co-owner shall, unless there is an agreement to the contrary:

a. Be entitled to an equal undivided share in the patent

b. Be entitled to separate territorial rights

c. Hold only a beneficial interest

d. Acquire rights according to contribution

 

140. Under Section 50(2), unless there is an agreement to the contrary, each registered co-owner is entitled:

a. To exercise the rights conferred by Section 48 for his own benefit without accounting to the other co-owner(s)

b. To exercise patent rights only with the consent of all co-owners

c. To grant licences without restriction

d. To assign his share without consent

 

141. Under Section 50(3), unless there is an agreement to the contrary:

a. A co-owner may freely grant licences and assign his share

b. A co-owner may assign his share but cannot grant licences

c. A licence under the patent or assignment of a share by one co-owner requires the consent of the other co-owner(s)

d. Consent is required only for assignment, not for licensing

 

142. Where a patented article is sold by one of the registered co-owners of a patent, the purchaser:

a. Acquires no rights unless all co-owners consent

b. May deal with the article as if it had been sold by a sole patentee

c. Must obtain a licence from every co-owner

d. May use the article but cannot sell it

 

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

a. Section 50 overrides the general law relating to movable property.

b. Section 50 affects the mutual rights and obligations of trustees and legal representatives.

c. Section 50 extinguishes partial interests created before the commencement of the Act.

d. Subject to Section 50, the general law relating to ownership and devolution of movable property applies to patents, and nothing in sub-sections (1) or (2) affects the rights and obligations of trustees, legal representatives, or assignees of partial interests created before the commencement of the Act.

 

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

a. Power of Controller to give directions to co-owners

b. Rights of co-owners of patents

c. Assignment of patents

d. Register of patents

 

145. Under Section 51(1), on an application by a registered co-owner, the Controller may give directions regarding:

a. Sale or lease of the patent or any interest therein, grant of licences, or exercise of any right under Section 50

b. Revocation of the patent

c. Renewal of the patent term

d. Restoration of a lapsed patent

 

146. If a registered co-owner fails to execute an instrument or do any act required for carrying out the Controller's directions within fourteen days after a written request, the Controller may:

a. Cancel the patent

b. Empower any person to execute the instrument or do the act in the name and on behalf of the defaulting co-owner

c. Transfer the patent to the applicant

d. Impose imprisonment

 

147. Before issuing directions under Section 51, the Controller shall:

a. Always obtain approval of the Central Government

b. Give an opportunity of being heard to the concerned persons specified under sub-section (3)

c. Publish a public notice in the Official Gazette

d. Refer the dispute to arbitration

 

148. Which of the following statements is correct under Section 51?

a. The Controller may issue directions inconsistent with the agreement between co-owners.

b. The Controller's directions may affect the mutual rights of trustees and legal representatives.

c. The Controller may ignore existing agreements if it is equitable to do so.

d. No direction shall affect the mutual rights or obligations of trustees or legal representatives, or be inconsistent with the terms of any agreement between the registered co-owners.

 

149. Section 52 of the Patents Act, 1970 deals with:

a. Grant of patent to true and first inventor where it has been obtained by another in fraud of him

b. Restoration of lapsed patents

c. Revocation of patents

d. Patent of addition

 

150. Under Section 52(1), the Court may permit the grant of the whole or part of the invention to the petitioner where:

a. The patent has been revoked under Section 64 on the ground that it was wrongfully obtained, or the Court directs amendment excluding claims obtained from the petitioner

b. The patent has expired by efflux of time

c. The patentee voluntarily surrenders the patent

d. The Controller refuses the application

 

151. Under Section 52(2), where the Court permits the grant of the **whole** patent to the petitioner, the Controller shall grant:

a. A fresh patent with a new date and new number

b. A new patent bearing the same date and the same number as the patent revoked

c. A certificate of addition

d. A patent effective only from the date of the Court's order

 

152. Where the Court permits the grant of **only a part** of the patent under Section 52, the Controller may:

a. Refuse to grant any patent

b. Grant a new patent for that part bearing the same date as the revoked patent and require the petitioner to file a new complete specification to the Controller's satisfaction

c. Grant the patent without any specification

d. Grant the patent with the original specification unchanged

 

153. Which of the following statements is correct under Section 52?

a. An infringement suit may be brought for acts committed before the actual date of grant of a patent under Section 52.

b. A patent granted under Section 52 always bears a new filing date.

c. No suit shall be brought for infringement of a patent granted under Section 52 in respect of acts committed before the actual date on which such patent was granted.

d. The Controller has no role once the Court passes an order under Section 52.

 

154. Section 53 of the Patents Act, 1970 deals with:

a. Term of patent

b. Restoration of patents

c. Renewal of patents

d. Revocation of patents

 

155. Subject to the provisions of the Act, the term of every patent granted after the commencement of the Patents (Amendment) Act, 2002 is:

a. 14 years from the date of grant

b. 20 years from the date of filing of the patent application

c. 20 years from the date of grant

d. 17 years from the priority date

 

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