Download Patents Act, 1970 MCQs Set - 4 PDF

 

1. Section 75 of the Patents Act, 1970 deals with:

a. Restriction on employees of Patent Office as to right or interest in patents

b. Duties of Patent Agents

c. Confidentiality of patents

d. Powers of the Controller

 

2. During the period of their appointment, officers and employees of the Patent Office are:

a. Free to acquire any patent

b. Incapable of acquiring or taking, directly or indirectly, any right or interest in any patent issued by that office, except by inheritance or bequest

c. Allowed to purchase patents with the Controller's approval

d. Permitted to hold patents through nominees

 

3. Which of the following is an exception to the restriction under Section 75?

a. Purchase through a family member

b. Acquisition by inheritance or bequest

c. Acquisition with prior permission of the Central Government

d. Acquisition after disclosure to the Controller

 

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

a. Officers and employees not to furnish information, etc.

b. Official secrecy

c. Powers of Examiners

d. Inspection of records

 

5. Under Section 76, an officer or employee of the Patent Office may furnish information relating to a matter dealt with under the Act:

a. At the request of any applicant

b. Only with the permission of the patentee

c. Only when required or authorised by the Act, or under a written direction of the Central Government or the Controller, or by order of a court

d. At his own discretion

 

6. Under Section 76, an officer or employee of the Patent Office shall not:

a. Prepare or assist in preparing a document required or permitted to be lodged in the Patent Office

b. Conduct a search in the records of the Patent Office

c. Furnish information on a matter dealt with under the Act

d. All of the above, except where authorised or required under the Act, by written direction of the Central Government or the Controller, or by order of a court

 

7. Which of the following statements is correct under Section 76?

a. Officers of the Patent Office may freely conduct private searches of Patent Office records.

b. Officers may prepare patent documents for applicants on payment of a fee.

c. Officers may furnish information whenever requested by an advocate.

d. Except where authorised by the Act, by written direction of the Central Government or the Controller, or by order of a court, officers and employees of the Patent Office shall not furnish information, prepare documents for filing, or conduct searches in Patent Office records.

 

8. Section 77 of the Patents Act, 1970 deals with:

a. Controller to have certain powers of a civil court

b. Powers of the High Court

c. Powers of the Central Government

d. Civil suits relating to patents

 

9. Under Section 77(1), the Controller has the powers of a civil court while trying a suit under:

a. The Bharatiya Nagarik Suraksha Sanhita, 2023

b. The Code of Civil Procedure, 1908

c. The Indian Evidence Act, 1872

d. The Limitation Act, 1963

 

10. Which of the following is a power of the Controller under Section 77(1)?

a. Summoning and enforcing the attendance of any person and examining him on oath

b. Framing new patent rules

c. Declaring a patent unconstitutional

d. Granting criminal sanctions

 

11. Under Section 77(1), the Controller may require:

a. Arrest of witnesses

b. Discovery and production of any document

c. Registration of every patent assignment

d. Police investigation

 

12. Under Section 77(1), the Controller is empowered to:

a. Receive evidence on affidavits

b. Record evidence only orally

c. Reject all affidavit evidence

d. Receive evidence only through commissioners

 

13. Under Section 77(1), the Controller may:

a. Issue commissions for the examination of witnesses or documents

b. Appoint arbitrators

c. Refer every dispute to mediation

d. Transfer proceedings to a civil court

 

14. Under Section 77(1), the Controller may review his own decision:

a. At any time without limitation

b. Only with the approval of the High Court

c. On an application made within the prescribed time and in the prescribed manner

d. Only after an appeal is dismissed

 

15. Under Section 77(1), an ex parte order passed by the Controller may be set aside:

a. Only by the High Court

b. On an application made within the prescribed time and in the prescribed manner

c. At the request of the Controller alone

d. Only with the consent of both parties

 

16. Under Section 77(2), an order for costs awarded by the Controller shall be:

a. Enforceable only through execution proceedings before the Controller

b. Executable as a decree of a civil court

c. Enforceable only after approval of the High Court

d. Merely recommendatory

 

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

a. The Controller has no power to review his own decisions.

b. Orders for costs awarded by the Controller are not executable.

c. The Controller cannot receive evidence on affidavits.

d. Subject to the rules, the Controller has specified powers of a civil court, including summoning witnesses, compelling discovery, receiving affidavit evidence, issuing commissions, awarding costs, reviewing decisions, setting aside ex parte orders, and such orders for costs are executable as decrees of a civil court.

 

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

a. Power of Controller to correct clerical errors, etc.

b. Amendment of complete specifications

c. Review by the Controller

d. Rectification of register

 

19. Under Section 78(1), the Controller may correct:

a. Only clerical errors in the register

b. Only clerical errors in patents

c. Clerical errors in a patent, specification, application, documents filed in pursuance of the application, or matters entered in the register

d. Substantive defects in every patent

 

20. The Controller's power under Section 78 is:

a. Absolute and unrestricted

b. Subject to Sections 44, 57 and 59 of the Patents Act

c. Subject only to the Code of Civil Procedure, 1908

d. Subject only to the directions of the Central Government

 

21. Under Section 78(2), correction of a clerical error may be made:

a. Only upon a written request by the patentee

b. Only on the Controller's own motion

c. Either upon a written request by any person interested accompanied by the prescribed fee or without such a request

d. Only by order of the High Court

 

22. Before making a correction on his own initiative under Section 78(3), the Controller shall:

a. Publish a notice in every case

b. Give notice to the patentee or applicant and other concerned persons and provide an opportunity of being heard

c. Obtain prior approval of the Central Government

d. Seek directions from the High Court

 

23. Under Section 78(4), where the proposed correction would materially alter the meaning or scope of the document, the Controller shall:

a. Reject the request automatically

b. Require notice of the nature of the proposed correction to be published in the prescribed manner

c. Refer the matter to the High Court

d. Correct the error without notice

 

24. Under Section 78(5), after publication of the proposed correction:

a. No opposition is permitted

b. Any person interested may, within the prescribed time, give notice of opposition to the Controller

c. Only the Central Government may object

d. Only the patentee may oppose

 

25. Where notice of opposition is given under Section 78(5), the Controller shall:

a. Reject the request without hearing

b. Give notice of the opposition to the requester and provide both the requester and the opponent an opportunity of being heard

c. Refer the matter directly to the High Court

d. Decide the matter ex parte

 

26. Which of the following statements is correct under Section 78?

a. The Controller may correct any substantive error without following any procedure.

b. Corrections can be made only on the request of the patentee.

c. Opposition to a proposed correction is not permitted under the Act.

d. The Controller may correct clerical errors subject to Sections 44, 57 and 59, may act on request or suo motu, must follow notice and hearing requirements where applicable, require publication if the correction would materially alter the meaning or scope of the document, and hear both parties where an opposition is filed.

 

27. Section 79 of the Patents Act, 1970 deals with:

a. Evidence how to be given and powers of Controller in respect thereof

b. Exercise of discretionary powers by Controller

c. Extension of time

d. Affidavits under the Code of Civil Procedure

 

28. Under Section 79, in proceedings before the Controller, evidence shall ordinarily be given:

a. Orally

b. By affidavit

c. By commission

d. Through electronic records only

 

29. Under Section 79, the Controller may:

a. Take oral evidence in lieu of or in addition to evidence by affidavit

b. Record evidence only through affidavits

c. Refuse to admit oral evidence in every case

d. Permit evidence only through video conferencing

 

30. Under Section 79, the Controller may:

a. Permit cross-examination on the contents of an affidavit

b. Prohibit cross-examination in every proceeding

c. Allow cross-examination only with the High Court's permission

d. Permit cross-examination only of expert witnesses

 

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

a. Evidence can only be given orally.

b. Evidence must always be by affidavit and oral evidence is prohibited.

c. Cross-examination on the contents of an affidavit is not permissible.

d. Subject to the rules, evidence shall ordinarily be by affidavit, but the Controller may direct otherwise, take oral evidence, or permit cross-examination on the affidavit.

 

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

a. Exercise of discretionary powers by Controller

b. Review by the Controller

c. Rectification of register

d. Correction of clerical errors

 

33. Before exercising any discretion adversely to an applicant for a patent or amendment of a specification, the Controller shall:

a. Reject the application immediately

b. Give the applicant an opportunity to be heard, if the applicant so requires within the prescribed time

c. Refer the matter to the High Court

d. Publish a notice in the Official Gazette

 

34. Under the proviso to Section 80, a request for hearing shall be made:

a. At any time before the order is passed

b. At least ten days before the expiry of the time-limit specified in respect of the proceeding

c. Within thirty days after the Controller's decision

d. Only after issuance of a show-cause notice

 

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

a. The Controller is never required to hear an applicant.

b. A request for hearing may be made after expiry of the prescribed time-limit.

c. The Controller may exercise adverse discretion without hearing the applicant even when a valid request is made.

d. Before exercising discretion adversely to an applicant for a patent or amendment of a specification, the Controller shall provide an opportunity of hearing if requested within the prescribed time, and the request must be made at least ten days before the expiry of the prescribed time-limit.

 

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

a. Disposal by Controller of applications for extension of time

b. Limitation for filing patents

c. Appeals against Controller's orders

d. Condonation of delay by the High Court

 

37. Where the Controller may extend the time for doing any act under the Act or the rules, he is:

a. Required to give notice to the party opposing the extension

b. Required to hear the opposing party before granting the extension

c. Not required to give notice to or hear the party interested in opposing the extension

d. Required to obtain approval of the Central Government

 

38. Under Section 81, an appeal shall:

a. Lie against every order granting extension of time

b. Lie only with the leave of the High Court

c. Lie only before the Central Government

d. Not lie from any order of the Controller granting an extension of time

 

39. Which of the following statements is correct under Sections 79 to 81?

a. Evidence before the Controller must always be oral, adverse discretion may be exercised without hearing, and every order granting extension of time is appealable.

b. Evidence can only be by affidavit, oral evidence is prohibited, and notice to the opposing party is mandatory before granting an extension.

c. The Controller cannot permit cross-examination on affidavits or take oral evidence.

d. Evidence is ordinarily by affidavit subject to the Controller's directions, the Controller must provide an opportunity of hearing before exercising adverse discretion where required, and no notice, hearing or appeal is required in respect of an order granting extension of time under Section 81.

 

40. Section 82 of the Patents Act, 1970 deals with:

a. Definition of "patented articles" and "patentee"

b. Working of patents

c. Compulsory licences

d. Patent infringement

 

41. Under Section 82(a), the expression "patented article" includes:

a. Only an article directly covered by a product patent

b. Any article made by a patented process

c. Only imported patented goods

d. Only articles manufactured in India

 

42. Under Section 82(b), the expression "patentee" includes:

a. Only the registered proprietor of a patent

b. The Controller

c. An exclusive licensee

d. A compulsory licensee

 

43. Which of the following statements is correct under Section 82?

a. A patented article does not include an article made by a patented process.

b. The term "patentee" excludes an exclusive licensee.

c. The definitions under Section 82 apply throughout the entire Patents Act without exception.

d. In Chapter XVI, unless the context otherwise requires, "patented article" includes any article made by a patented process, and "patentee" includes an exclusive licensee.

 

44. Section 83 of the Patents Act, 1970 deals with:

a. General principles applicable to working of patented inventions

b. Compulsory licences

c. Revocation of patents

d. Patent infringement

 

45. Under Section 83(a), patents are granted primarily to:

a. Encourage inventions and secure that inventions are worked in India on a commercial scale to the fullest extent reasonably practicable without undue delay

b. Encourage import of patented articles

c. Provide perpetual monopoly to patentees

d. Maximize government revenue

 

46. According to Section 83(b), patents are:

a. Granted mainly to enable importation of patented articles

b. Not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article

c. Granted only for imported patented products

d. Intended to restrict domestic manufacturing

 

47. Under Section 83(c), protection and enforcement of patent rights should contribute to:

a. Technological innovation, transfer and dissemination of technology, mutual advantage of producers and users, and a balance of rights and obligations

b. Exclusive monopoly without limitations

c. Elimination of technology transfer

d. Restriction on technological development

 

48. Section 83(d) provides that patents granted should:

a. Impede public health measures

b. Prevent protection of public health and nutrition

c. Not impede protection of public health and nutrition and should promote public interest, especially in sectors of vital socio-economic and technological importance

d. Be exercised irrespective of public interest

 

49. Under Section 83(e), patents granted do not prohibit:

a. State Governments from regulating trade

b. The Central Government from taking measures to protect public health

c. Private parties from importing patented goods

d. Courts from granting injunctions

 

50. According to Section 83(f), the patent right:

a. May be abused to restrain trade

b. Should not be abused, nor should the patentee or person deriving title or interest resort to practices unreasonably restraining trade or adversely affecting the international transfer of technology

c. Exists only for maximizing profits

d. Permits anti-competitive practices

 

51. Under Section 83(g), patents are granted to make the benefit of the patented invention available:

a. Only to the patentee

b. At market prices determined solely by the patentee

c. At reasonably affordable prices to the public

d. Exclusively to government agencies

 

52. Which of the following statements is correct under Section 83?

a. Patents are granted primarily to facilitate import monopolies.

b. Patent rights may be exercised even if they unreasonably restrain trade.

c. Public health considerations are irrelevant while exercising powers under Chapter XVI.

d. While exercising powers under Chapter XVI, regard shall be had to the general principles that patents should encourage inventions, ensure commercial working in India, promote technological innovation and public welfare, prevent abuse of patent rights, safeguard public health, and make patented inventions available to the public at reasonably affordable prices.

 

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

a. Compulsory licences

b. Revocation of patents

c. Surrender of patents

d. Patent opposition

 

54. An application for a compulsory licence under Section 84(1) may be made:

a. Immediately after filing the patent application

b. At any time after the expiration of three years from the date of grant of the patent

c. After one year from publication of the application

d. Only after expiry of the patent

 

55. Who may apply for a compulsory licence under Section 84(1)?

a. Only the Central Government

b. Only an existing licensee

c. Any person interested

d. Only the patentee

 

56. Which of the following is NOT a ground for grant of a compulsory licence under Section 84(1)?

a. The reasonable requirements of the public have not been satisfied

b. The patented invention is not available at a reasonably affordable price

c. The patented invention is not worked in the territory of India

d. The patent has completed ten years from the date of grant

 

57. Under Section 84(2), a person who is already a licensee under the patent:

a. Cannot apply for a compulsory licence

b. May apply for a compulsory licence notwithstanding that he already holds a licence

c. Must first surrender the existing licence

d. May apply only with the patentee's consent

 

58. Every application under Section 84(3) shall contain:

a. Only the prescribed fee

b. A statement of the nature of the applicant's interest, prescribed particulars and the facts on which the application is based

c. Only proof of commercial production

d. Only a copy of the patent

 

59. Under Section 84(4), the Controller may grant a compulsory licence if satisfied that:

a. Any one of the grounds specified in Section 84(1) exists

b. The patent has expired

c. The applicant is a government undertaking

d. The patentee consents

 

60. Where the Controller directs the patentee to grant a licence under Section 84(5), he may also:

a. Revoke the patent automatically

b. Exercise the powers set out in Section 88

c. Amend the complete specification

d. Transfer ownership of the patent

 

61. While considering an application under Section 84(6), the Controller shall take into account:

a. The nature of the invention and the time elapsed since the sealing of the patent

b. The ability and capacity of the applicant to work the invention to the public advantage

c. The applicant's efforts to obtain a voluntary licence on reasonable terms

d. All of the above

 

62. Under Section 84(6)(iv), the requirement of prior efforts to obtain a licence from the patentee does NOT apply in cases of:

a. National emergency, extreme urgency, public non-commercial use or anti-competitive practices by the patentee

b. Every compulsory licence application

c. Export of patented articles only

d. Patents older than ten years

 

63. For the purposes of Section 84(6)(iv), the expression "reasonable period" ordinarily means:

a. One month

b. Three months

c. A period not ordinarily exceeding six months

d. One year

 

64. Under Section 84(6), the Controller shall NOT take into account:

a. The applicant's capacity to work the invention

b. Measures already taken by the patentee

c. Matters subsequent to the making of the application

d. The applicant's efforts to obtain a voluntary licence

 

65. Under Section 84(7)(a), the reasonable requirements of the public are deemed not to have been satisfied where the patentee's refusal to grant licences on reasonable terms prejudices:

a. Existing or new trade or industry in India

b. Adequate supply of the patented article or reasonable terms of supply

c. Development of export markets for patented articles manufactured in India

d. All of the above

 

66. Under Section 84(7)(b), the reasonable requirements of the public are deemed not to have been satisfied if licence conditions imposed by the patentee prejudice:

a. Manufacture, use or sale of materials not protected by the patent or the establishment or development of trade or industry in India

b. Only the patentee's profits

c. Only export of patented articles

d. Only government procurement

 

67. Which of the following licence conditions imposed by the patentee is specifically mentioned in Section 84(7)(c)?

a. Exclusive grant back, prevention of challenges to patent validity or coercive package licensing

b. Royalty payment in advance

c. Confidentiality obligations

d. Territorial restrictions within India

 

68. Under Section 84(7)(d), the reasonable requirements of the public are deemed not to have been satisfied if:

a. The patented invention is not worked in India on a commercial scale to an adequate extent or to the fullest extent reasonably practicable

b. The invention is worked outside India

c. The patent is licensed to one person only

d. The patentee has filed annual statements

 

69. Under Section 84(7)(e), the reasonable requirements of the public are deemed not to have been satisfied where commercial working in India is prevented or hindered by importation of the patented article by:

a. The patentee or persons claiming under him

b. Persons directly or indirectly purchasing from the patentee

c. Other persons against whom the patentee is not taking or has not taken infringement proceedings

d. All of the above

 

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

a. A compulsory licence may be sought immediately after grant of a patent.

b. Only non-licensees may apply for a compulsory licence.

c. Prior efforts to obtain a voluntary licence are mandatory in every case without exception.

d. After three years from the grant of a patent, any person interested may apply for a compulsory licence on the statutory grounds, the Controller shall consider the factors specified in Section 84(6), the six-month reasonable period rule applies ordinarily, specified exceptions dispense with prior negotiation, and the reasonable requirements of the public are determined in accordance with Section 84(7).

 

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

a. Revocation of patents by the Controller for non-working

b. Surrender of patents

c. Restoration of patents

d. Compulsory licences by the Central Government

 

72. An application under Section 85(1) for revocation of a patent may be made:

a. Immediately after the grant of the patent

b. After the expiration of two years from the date of the order granting the first compulsory licence

c. Five years after the grant of the patent

d. Only after the expiry of the patent

 

73. Who may apply for revocation of a patent under Section 85(1)?

a. Only the Controller

b. Only the patentee

c. The Central Government or any person interested

d. Only the holder of the compulsory licence

 

74. Which of the following is a ground for revocation under Section 85(1)?

a. The patented invention has not been worked in the territory of India

b. The reasonable requirements of the public have not been satisfied

c. The patented invention is not available to the public at a reasonably affordable price

d. All of the above

 

75. Every application under Section 85(2) shall contain:

a. Only the prescribed fee

b. Prescribed particulars, the facts on which the application is based, and where the applicant is not the Central Government, the nature of the applicant's interest

c. Only the details of the compulsory licence

d. Only the Controller's previous order

 

76. Under Section 85(3), the Controller may revoke the patent if satisfied that:

a. Any of the statutory grounds mentioned in Section 85(1) exist

b. The patent is more than ten years old

c. The patentee has refused to assign the patent

d. The patentee has not paid renewal fees

 

77. Under Section 85(4), an application for revocation under Section 85(1) shall ordinarily be decided:

a. Within six months of filing

b. Within one year of its presentation to the Controller

c. Within two years of filing

d. Without any prescribed time limit

 

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

a. Revocation under Section 85 may be sought before any compulsory licence has been granted.

b. Only the Central Government may apply for revocation under Section 85.

c. The Controller must revoke the patent immediately upon receiving an application.

d. After two years from the order granting the first compulsory licence, the Central Government or any person interested may seek revocation on the specified statutory grounds, and such application shall ordinarily be decided within one year of its presentation to the Controller.

 

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

a. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases

b. Revocation of patents

c. Term of patents

d. Restoration of patents

 

80. Under Section 86(1), the Controller may adjourn the hearing of an application made under:

a. Section 57 only

b. Section 84 or Section 85

c. Section 25 only

d. Section 64 only

 

81. The Controller may adjourn proceedings under Section 86(1) where the application is based on:

a. The invention not being worked in the territory of India or the ground mentioned in Section 84(7)(d)

b. Wrongful obtaining of the patent

c. Lack of novelty

d. Prior publication

 

82. Under Section 86(1), the Controller may adjourn the further hearing if he is satisfied that:

a. The time elapsed since the sealing of the patent has been insufficient to enable commercial working of the invention to an adequate or reasonably practicable extent

b. The patent has expired

c. The patentee requests an adjournment

d. The applicant withdraws the application

 

83. The aggregate period of adjournment under Section 86(1) shall not exceed:

a. Six months

b. Nine months

c. Twelve months

d. Eighteen months

 

84. Under the proviso to Section 86(1), where commercial working was prevented due to a State or Central Act, rule, regulation or Government order, the period of adjournment shall be reckoned:

a. From the date of grant of the patent

b. From the date of sealing of the patent

c. From the date on which the period during which such legal restriction prevented working, computed from the date of the application, expires

d. From the date of filing the compulsory licence application only

 

85. Before ordering an adjournment under Section 86(1), the Controller must be satisfied under Section 86(2) that:

a. The patentee has taken prompt, adequate or reasonable steps to start working the invention in India on a commercial scale and to an adequate extent

b. The patentee has offered to assign the patent

c. The applicant has withdrawn objections

d. The Central Government has approved the adjournment

 

86. Which of the following statements is correct under Section 86?

a. The Controller may adjourn proceedings for any period without limitation.

b. Adjournment may be granted even if the patentee has taken no steps to work the invention.

c. Section 86 applies to every application under the Patents Act irrespective of the grounds raised.

d. In applications under Sections 84 or 85 based on non-working, the Controller may adjourn the hearing for an aggregate period not exceeding twelve months if the elapsed time since sealing has been insufficient for commercial working, and no such adjournment shall be granted unless the patentee has taken prompt and adequate or reasonable steps to work the invention in India.

 

87. Section 87 of the Patents Act, 1970 deals with:

a. Procedure for dealing with applications under Sections 84 and 85

b. Powers of the Controller

c. Compulsory acquisition of patents

d. Appeals from the Controller

 

88. Under Section 87(1), before taking further steps on an application under Section 84 or 85, the Controller must be satisfied that:

a. The patent has expired

b. A prima facie case has been made out for making an order

c. The Central Government has approved the application

d. The patentee has admitted the claim

 

89. Upon being satisfied that a prima facie case exists under Section 87(1), the Controller shall direct the applicant to:

a. Serve copies of the application upon the patentee and every person appearing from the register to be interested in the patent

b. Serve notice only on the Controller General

c. Publish the application in newspapers only

d. File a fresh application

 

90. Under Section 87(1), the Controller shall also:

a. Refer the matter to the High Court

b. Publish the application in the Official Journal

c. Grant the compulsory licence immediately

d. Issue a temporary licence

 

91. Under Section 87(2), the patentee or any other person desiring to oppose the application may:

a. File an appeal before the High Court

b. Give notice of opposition to the Controller within the prescribed time or such further time as the Controller may allow

c. Oppose the application only before the Central Government

d. File objections only after the Controller's final order

 

92. Under Section 87(2), an application for extension of time to file a notice of opposition may be made:

a. Only before the expiry of the prescribed period

b. Only after the expiry of the prescribed period

c. Either before or after the expiry of the prescribed period

d. Only with the consent of the applicant

 

93. A notice of opposition under Section 87(3) shall contain:

a. Only the name of the opponent

b. A statement setting out the grounds on which the application is opposed

c. The Controller's observations

d. Evidence by affidavit only

 

94. Under Section 87(4), where a notice of opposition has been duly given, the Controller shall:

a. Reject the application without hearing

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

c. Refer the matter to arbitration

d. Decide the matter only on written submissions

 

95. Which of the following statements is correct under Section 87?

a. The Controller must grant a compulsory licence immediately after receiving an application under Section 84.

b. Only the patentee may oppose an application under Sections 84 or 85.

c. A notice of opposition need not disclose the grounds of opposition.

d. If the Controller finds a prima facie case, he shall direct service of the application on the patentee and interested persons, publish the application in the Official Journal, permit opposition within the prescribed or extended time, and provide both the applicant and the opponent an opportunity of being heard before deciding the case.

 

96. Section 88 of the Patents Act, 1970 deals with:

a. Powers of Controller in granting compulsory licences

b. Revocation of patents

c. Appeals against Controller's orders

d. Surrender of patents

 

97. Under Section 88(1), where the manufacture, use or sale of materials not protected by the patent is prejudiced by conditions imposed by the patentee, the Controller may:

a. Revoke the patent automatically

b. Order the grant of licences under the patent to the applicant as well as to such customers of the applicant as he thinks fit

c. Cancel all existing licences

d. Refer the matter to the Central Government

 

98. Section 88(1) applies where prejudice is caused by conditions imposed by the patentee upon:

a. The grant of licences under the patent or the purchase, hire or use of the patented article or process

b. Payment of renewal fees

c. Assignment of patents

d. Registration of patent agents

 

99. Where an application under Section 84 is made by a person who is already the holder of a licence under the patent, the Controller may:

a. Only grant an additional licence

b. Cancel the existing licence or amend it instead of granting a new licence

c. Revoke the patent

d. Reject the application as not maintainable

 

100. Under Section 88(3), the Controller may direct the grant of licences in respect of other patents held by the same patentee if:

a. The applicant cannot efficiently or satisfactorily work the licensed patent without infringing those other patents and those patents involve important technical advancement or considerable economic significance

b. The applicant merely requests additional licences

c. The patents have expired

d. The patentee consents

 

101. An application for revision of the terms and conditions of a compulsory licence under Section 88(4) may be made:

a. Immediately after the licence is granted

b. After the invention has been worked on a commercial scale for not less than twelve months

c. After six months from the grant of the licence

d. Only after expiry of the patent

 

102. A revision under Section 88(4) may be sought on the ground that:

a. The royalty fixed is lower than expected

b. The settled terms and conditions have proved more onerous than originally expected, making the invention workable only at a loss

c. The patentee has transferred the patent

d. The applicant has changed business plans

 

103. Under the proviso to Section 88(4), an application for revision of the terms and conditions:

a. May be made any number of times

b. Shall not be entertained a second time

c. Requires approval of the Central Government

d. Must be filed every year

 

104. Which of the following statements is correct under Section 88?

a. The Controller cannot amend an existing licence held by an applicant.

b. A licensee may seek revision of licence terms immediately after the licence is granted.

c. Additional licences in respect of related patents may be granted only with the patentee's consent.

d. The Controller may grant licences to the applicant and his customers where statutory conditions exist, cancel or amend an existing licence, direct grant of licences in respect of related patents where necessary for efficient working, and permit one application for revision of licence terms after at least twelve months of commercial working if the settled terms prove more onerous than expected.

 

105. Section 89 of the Patents Act, 1970 deals with:

a. General purposes for granting compulsory licences

b. Revocation of patents

c. Powers of the Controller

d. Working statements of patents

 

106. Under Section 89(a), while exercising powers under Section 84, the Controller shall seek to ensure that:

a. Patented inventions are worked on a commercial scale in the territory of India without undue delay and to the fullest extent that is reasonably practicable

b. Every patent is compulsorily licensed

c. Patented inventions are manufactured only by the Central Government

d. Imported patented articles alone satisfy the working requirement

 

107. Under Section 89(b), the Controller shall ensure that:

a. The interests of persons working or developing an invention in India under the protection of a patent are not unfairly prejudiced

b. Only the patentee's interests are protected

c. Existing licensees have an absolute monopoly

d. Compulsory licences are granted in every case

 

108. Which of the following statements is correct under Section 89?

a. The Controller exercises powers under Section 84 solely to maximise the patentee's profits.

b. Section 89 requires compulsory licences to be granted whenever an application is filed.

c. Section 89 applies only after revocation of a patent.

d. While exercising powers on an application under Section 84, the Controller shall aim to secure that patented inventions are worked commercially in India without undue delay to the fullest reasonably practicable extent and that the interests of persons working or developing patented inventions in India are not unfairly prejudiced.

 

109. Section 90 of the Patents Act, 1970 deals with:

a. Terms and conditions of compulsory licences

b. General purposes for granting compulsory licences

c. Revocation of patents

d. Appeals from the Controller

 

110. While settling the terms and conditions of a compulsory licence under Section 90(1), the Controller shall endeavour to secure that:

a. Royalty and other remuneration reserved to the patentee is reasonable having regard to the statutory factors

b. The patentee receives the maximum possible royalty

c. No royalty is payable

d. Royalty is fixed solely on the basis of market demand

 

111. Which of the following factors is specifically relevant under Section 90(1)(i) for determining reasonable royalty?

a. Nature of the invention, expenditure incurred in making or developing the invention, obtaining and maintaining the patent, and other relevant factors

b. Patentee's personal income

c. Licensee's annual turnover only

d. Number of patent applications filed by the patentee

 

112. Under Section 90(1)(ii), the Controller shall endeavour to secure that:

a. The patented invention is worked to the fullest extent by the licensee with reasonable profit to him

b. The patentee alone works the invention

c. The licensee earns unlimited profits

d. The invention is worked only outside India

 

113. Under Section 90(1)(iii), patented articles should be made available:

a. Only to government agencies

b. At reasonably affordable prices to the public

c. At prices fixed solely by the patentee

d. Only for export

 

114. A compulsory licence granted under Section 90 shall ordinarily be:

a. Exclusive and assignable

b. Non-exclusive and non-assignable

c. Exclusive but non-assignable

d. Assignable with the Controller's permission

 

115. Under Section 90(1)(vi), the term of a compulsory licence shall ordinarily be:

a. Five years

b. Ten years

c. The balance term of the patent unless a shorter term is consistent with public interest

d. Until revoked by the Controller

 

116. Under Section 90(1)(vii), a compulsory licence is granted with the predominant purpose of:

a. Exporting patented products

b. Supplying the Indian market, though export may be permitted in accordance with Section 84(7)(a)(iii)

c. Manufacturing exclusively outside India

d. Supplying only government departments

 

117. Under Section 90(1)(viii), where the invention relates to semi-conductor technology, the compulsory licence shall be granted:

a. For unrestricted commercial exploitation

b. To work the invention for public non-commercial use

c. Only for export

d. Only for research purposes

 

118. Under Section 90(1)(ix), where a compulsory licence is granted to remedy anti-competitive practices, the licensee:

a. Shall not export the patented product

b. May be permitted to export the patented product, if need be

c. May export only with the patentee's consent

d. May export only after expiry of the patent

 

119. Under Section 90(2), a compulsory licence granted by the Controller shall:

a. Always authorise importation of the patented article

b. Not authorise importation of the patented article or a product made by the patented process where such importation would otherwise constitute infringement

c. Permit unrestricted importation

d. Automatically override all patent rights abroad

 

120. Under Section 90(3), the Central Government may direct the Controller to authorise importation of the patented article where:

a. It considers it necessary in the public interest, subject to such conditions as it considers necessary

b. The licensee requests such importation

c. The patentee consents

d. The patent has expired

 

121. Which of the following conditions may the Central Government impose while directing importation under Section 90(3)?

a. Royalty and other remuneration payable to the patentee

b. Quantum of import

c. Sale price of the imported article and the period of importation

d. All of the above

 

122. Which of the following statements is correct under Section 90?

a. A compulsory licence must always be exclusive and assignable.

b. The Controller may freely authorise importation under every compulsory licence.

c. Export of patented products is never permissible under a compulsory licence.

d. While settling the terms of a compulsory licence, the Controller shall secure reasonable royalty, fullest working of the invention, affordable prices, a non-exclusive and non-assignable licence for the balance term of the patent unless public interest requires otherwise, and the other statutory conditions, while importation requires compliance with sub-sections (2) and (3).

 

123. Section 91 of the Patents Act, 1970 deals with:

a. Licensing of related patents

b. Compulsory acquisition of patents

c. Revocation of patents

d. Patent infringement

 

124. Under Section 91(1), who may apply for a licence of a related patent?

a. Any person who has the right to work another patented invention as patentee or as a licensee

b. Only the Central Government

c. Only the Controller

d. Only an exclusive licensee

 

125. An application under Section 91(1) may be made on the ground that the applicant:

a. Wishes to acquire ownership of the first-mentioned patent

b. Is prevented or hindered without such licence from working the other invention efficiently or to the best advantage possible

c. Wants to revoke the first-mentioned patent

d. Seeks to challenge the validity of the first-mentioned patent

 

126. Under Section 91(2), before granting a licence, the Controller must be satisfied that the applicant:

a. Is able and willing to grant or procure the grant of a licence in respect of the other invention to the patentee and his licensees on reasonable terms, if they so desire

b. Has held the other patent for at least three years

c. Has obtained approval from the Central Government

d. Has already commercialised both inventions

 

127. Under Section 91(2), the Controller must also be satisfied that:

a. The other invention has made a substantial contribution to the establishment or development of commercial or industrial activities in India

b. The first-mentioned patent has expired

c. The applicant is the exclusive licensee

d. The inventions belong to the same field of technology

 

128. Under Section 91(3), when the statutory conditions are satisfied, the Controller may:

a. Grant a licence under the first-mentioned patent and, if requested, a similar licence under the other patent

b. Revoke both patents

c. Merge the two patents

d. Transfer ownership of both patents

 

129. Under the proviso to Section 91(3), a licence granted by the Controller shall be:

a. Freely assignable

b. Assignable only with the Controller's prior permission

c. Non-assignable except with the assignment of the respective patents

d. Assignable only to the Central Government

 

130. Under Section 91(4), which provisions apply to licences granted under Section 91?

a. Sections 84 and 85 only

b. Sections 87, 88, 89 and 90

c. Sections 71 to 74 only

d. Sections 92 and 93 only

 

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

a. Only patentees may apply for a licence of a related patent.

b. The Controller may grant a licence even if the applicant is unwilling to grant a cross-licence.

c. A licence granted under Section 91 is freely assignable.

d. A person entitled to work another patented invention may seek a licence of a related patent if otherwise prevented from efficiently working the other invention, subject to the statutory conditions, and the licence granted is non-assignable except with the assignment of the respective patents, with Sections 87 to 90 applying to such licences.

 

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

a. Special provision for compulsory licences on notifications by the Central Government

b. Licensing of related patents

c. Revocation of patents

d. Acquisition of inventions

 

133. Under Section 92(1), the Central Government may issue a notification for grant of compulsory licences where it is satisfied that:

a. Circumstances of national emergency, extreme urgency or public non-commercial use exist

b. Every patent should be compulsorily licensed

c. The patentee has failed to pay renewal fees

d. The patent has completed three years from grant

 

134. A declaration under Section 92(1) is made by:

a. Order of the High Court

b. Notification in the Official Gazette

c. Circular issued by the Controller

d. Resolution of Parliament

 

135. After a notification under Section 92(1), the Controller shall:

a. Revoke the patent

b. Grant a licence on the application of any person interested on such terms and conditions as he thinks fit

c. Grant a licence only to the Central Government

d. Reject all pending applications under Section 84

 

136. While settling the terms and conditions of a licence under Section 92(1)(ii), the Controller shall endeavour to secure that:

a. Articles manufactured under the patent are available to the public at the lowest prices consistent with the patentee deriving a reasonable advantage from patent rights

b. The patentee receives the highest possible royalty

c. The licence remains exclusive

d. The patented article is supplied only to Government departments

 

137. Which provisions of the Patents Act apply to licences granted under Section 92 by virtue of Section 92(2)?

a. Sections 83, 87, 88, 89 and 90

b. Sections 71 to 74

c. Sections 64 and 65 only

d. Sections 91 and 93 only

 

138. Under Section 92(3), the Controller shall not apply the procedure specified in Section 87 where he is satisfied that the application relates to:

a. National emergency, extreme urgency or public non-commercial use

b. Every compulsory licence application

c. Patents older than ten years

d. Export-only licences

 

139. Which of the following is specifically included in the expression "public health crises" under Section 92(3)?

a. Acquired Immuno Deficiency Syndrome (AIDS), HIV, tuberculosis, malaria or other epidemics

b. Industrial disputes

c. Copyright infringement

d. Trade mark disputes

 

140. Under the proviso to Section 92(3), where Section 87 is not applied, the Controller shall:

a. Inform the patentee as soon as may be practicable

b. Obtain the patentee's prior consent

c. Publish reasons in the Official Gazette before granting the licence

d. Refer the matter to the High Court

 

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

a. A compulsory licence under Section 92 can be granted only after three years from the grant of the patent.

b. Section 87 must always be followed in every application under Section 92.

c. Section 92 applies only where the patentee consents.

d. Where the Central Government issues a notification in cases of national emergency, extreme urgency or public non-commercial use, the Controller may grant compulsory licences to interested persons, apply Sections 83, 87, 88, 89 and 90 subject to Section 92, and in specified emergencies may dispense with the procedure under Section 87 while informing the patentee as soon as practicable.

 

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

a. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances

b. Special provision for compulsory licences during national emergency

c. Government use of patented inventions

d. Licensing of related patents

 

143. Under Section 92A(1), a compulsory licence may be granted for:

a. Manufacture and export of patented pharmaceutical products

b. Domestic sale of all patented products only

c. Import of patented pharmaceutical products

d. Export of all patented products irrespective of purpose

 

144. A compulsory licence under Section 92A(1) may be granted for export to a country:

a. Having sufficient manufacturing capacity in the pharmaceutical sector

b. Having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems

c. Only if it is a neighbouring country

d. Only if it is a WTO member

 

145. Under Section 92A(1), export is permissible only if the importing country:

a. Has granted a compulsory licence or has, by notification or otherwise, allowed importation of the patented pharmaceutical products from India

b. Has entered into a free trade agreement with India

c. Has no patent law

d. Has obtained permission from the Indian High Court

 

146. Under Section 92A(2), upon receipt of an application in the prescribed manner, the Controller shall:

a. Grant a compulsory licence solely for manufacture and export of the concerned pharmaceutical product to the eligible country under such terms and conditions as may be specified and published by him

b. Grant a compulsory licence for unrestricted manufacture and sale in India

c. Refer the application to the Central Government

d. Grant an exclusive licence

 

147. Under Section 92A(3), the provisions of sub-sections (1) and (2):

a. Override every other provision of the Patents Act

b. Are without prejudice to the extent to which pharmaceutical products produced under a compulsory licence can be exported under any other provision of the Act

c. Restrict exports under all other provisions

d. Apply only during national emergencies

 

148. For the purposes of Section 92A, "pharmaceutical products" includes:

a. Only finished patented medicines

b. Patented products or products manufactured through a patented process needed to address public health problems, including ingredients necessary for their manufacture and diagnostic kits required for their use

c. Only active pharmaceutical ingredients

d. Only diagnostic kits

 

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

a. A compulsory licence under Section 92A is available for unrestricted domestic sale of pharmaceutical products.

b. Export under Section 92A is permitted only where the importing country has sufficient manufacturing capacity.

c. The definition of "pharmaceutical products" excludes diagnostic kits.

d. Section 92A permits compulsory licences solely for manufacture and export of patented pharmaceutical products to eligible countries with insufficient or no manufacturing capacity for the concerned product to address public health problems, subject to the statutory conditions, and includes within "pharmaceutical products" patented products, products made through patented processes, necessary ingredients and diagnostic kits.

 

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

a. Order for licence to operate as a deed between parties concerned

b. Registration of licences

c. Revocation of compulsory licences

d. Assignment of patents

 

151. An order granting a licence under Chapter XVI shall operate as:

a. A recommendation of the Controller

b. An agreement requiring fresh execution by the patentee

c. A deed granting a licence executed by the patentee and all other necessary parties

d. A decree of the High Court

 

152. The deemed deed under Section 93 embodies:

a. Only the royalty payable

b. Only the duration of the licence

c. The terms and conditions, if any, settled by the Controller

d. Only the rights of the patentee

 

153. Which of the following statements is correct under Section 93?

a. A licence granted under Chapter XVI becomes effective only after execution of a separate deed by the patentee.

b. The Controller's order merely authorises the parties to negotiate the terms of the licence.

c. The Controller's order has no legal effect unless registered separately.

d. An order granting a licence under Chapter XVI operates as if it were a deed granting the licence executed by the patentee and all other necessary parties, embodying the terms and conditions, if any, settled by the Controller.

 

154. Section 94 of the Patents Act, 1970 deals with:

a. Termination of compulsory licence

b. Revocation of patents

c. Restoration of patents

d. Registration of licences

 

155. Under Section 94(1), an application for termination of a compulsory licence may be made by:

a. Only the Controller

b. Only the holder of the compulsory licence

c. The patentee or any other person deriving title or interest in the patent

d. Only the Central Government

 

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