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Patents Act, 1970 MCQs Set-5
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1. A compulsory licence granted under Section 84 may be terminated if:
a. The patent has completed ten years
b. The circumstances that gave rise to its grant no longer exist and are unlikely to recur
c. The licensee has earned reasonable profits
d. The patentee demands its termination
2. Under the proviso to Section 94(1), the holder of the compulsory licence:
a. Has no right to participate in the proceedings
b. Has the right to object to the termination
c. May only file a written statement after termination
d. Must surrender the licence immediately
3. While considering an application under Section 94(1), the Controller shall take into account:
a. Only the interests of the patentee
b. That the interest of the person previously granted the compulsory licence is not unduly prejudiced
c. Only the public interest
d. Only the royalty payable
4. Which of the following statements is correct under Section 94?
a. A compulsory licence once granted can never be terminated.
b. Only the Central Government may seek termination of a compulsory licence.
c. The holder of the compulsory licence has no right to object to its termination.
d. On the application of the patentee or any person deriving title or interest in the patent, the Controller may terminate a compulsory licence granted under Section 84 if the circumstances giving rise to it no longer exist and are unlikely to recur, while ensuring that the licensee's interests are not unduly prejudiced.
5. Section 99 of the Patents Act, 1970 deals with:
a. Meaning of use of invention for purposes of Government
b. Acquisition of inventions by the Government
c. Compulsory licences
d. Government ownership of patents
6. For the purposes of Chapter XVII, an invention is deemed to be used for the purposes of Government if it is:
a. Made, used, exercised or vended for the purposes of the Central Government, a State Government or a Government undertaking
b. Used only by the Central Government
c. Used only for defence purposes
d. Manufactured only in a Government factory
7. Under Section 99(1), Government use includes use for:
a. The Central Government only
b. A State Government only
c. A Government undertaking only
d. The Central Government, a State Government or a Government undertaking
8. Under Section 99(3), the provisions of Chapter XVII do NOT apply in respect of:
a. Importation, making or use of any machine, apparatus or other article, use of any process, or importation, use or distribution of any medicine or drug made by virtue of one or more of the conditions specified in Section 47
b. Every importation of patented articles
c. Every Government purchase of patented products
d. Every compulsory licence granted under Chapter XVI
9. Which of the following statements is correct under Section 99?
a. Government use is confined only to the Central Government.
b. Chapter XVII applies even to acts done under the conditions specified in Section 47.
c. Government use is limited to manufacturing patented products.
d. For the purposes of Chapter XVII, an invention is used for the purposes of Government if it is made, used, exercised or vended for the purposes of the Central Government, a State Government or a Government undertaking, and the Chapter does not apply to acts done by virtue of the conditions specified in Section 47.
10. Section 100 of the Patents Act, 1970 deals with:
a. Power of Central Government to use inventions for purposes of Government
b. Acquisition of inventions by the Government
c. Compulsory licences
d. Revocation of patents
11. Under Section 100(1), the Central Government may use an invention for the purposes of Government:
a. Only after the grant of the patent
b. At any time after an application for a patent has been filed or a patent has been granted
c. Only after the expiry of the patent
d. Only with the consent of the patentee
12. Apart from the Central Government, who may use the invention under Section 100(1)?
a. Only the patentee
b. Any person authorised in writing by the Central Government
c. Any State Government officer
d. Any licensee under the patent
13. Under Section 100(2), Government use of an invention shall be free of royalty or other remuneration where, before the priority date of the relevant claim:
a. The invention had been duly recorded, tested or tried by or on behalf of the Government or a Government undertaking otherwise than through communication by the patentee or his predecessor in title
b. The patent had expired
c. The invention was published in a journal
d. The patentee voluntarily waived royalty
14. Under Section 100(3), where Section 100(2) does not apply, Government use of the invention shall be:
a. Free of royalty in every case
b. Upon terms agreed between the parties or, failing agreement, determined by the High Court under Section 103
c. Determined only by the Controller
d. Subject only to the Central Government's discretion
15. Under the proviso to Section 100(3), the patentee shall be paid:
a. The maximum market royalty
b. Not more than adequate remuneration in the circumstances of each case, taking into account the economic value of the use of the patent
c. Double the ordinary royalty
d. Compensation fixed exclusively by the Controller
16. Under Section 100(4), authorisation by the Central Government:
a. May be given only after grant of the patent
b. May be given only before Government use begins
c. May be given before or after grant of the patent and before or after the authorised acts are done
d. May be granted only to the patentee
17. Under Section 100(4), authorisation may be granted:
a. Only to a person authorised by the patentee
b. To any person, whether or not authorised directly or indirectly by the applicant or patentee
c. Only to Government undertakings
d. Only to public sector companies
18. Under Section 100(5), except in cases of national emergency, extreme urgency or non-commercial use, the Government shall:
a. Notify the patentee as soon as practicable of the Government use and furnish reasonable information regarding the extent of such use
b. Obtain prior permission from the patentee
c. Publish every use in the Official Gazette
d. Seek approval from the High Court
19. Where the invention has been used for the purposes of a Government undertaking, the Central Government may:
a. Revoke the patent
b. Call for such information from the undertaking as may be necessary for notifying the patentee
c. Transfer the patent to the undertaking
d. Waive all remuneration payable
20. Which of the following statements is correct under Section 100?
a. Government use is permissible only after the grant of a patent.
b. Every Government use is free of royalty irrespective of the circumstances.
c. The Central Government may authorise only the patentee to use the invention.
d. The Central Government or a person authorised in writing by it may use an invention for Government purposes after the patent application is filed or the patent is granted; royalty is governed by sub-sections (2) and (3); authorisation may be given before or after grant and before or after the authorised acts; and, except in specified emergency situations or non-commercial use, the patentee must be notified as soon as practicable.
21. Section 101 of the Patents Act, 1970 deals with:
a. Rights of third parties in respect of use of invention for purposes of Government
b. Acquisition of inventions by the Government
c. Government use of patents
d. Compulsory licences
22. Under Section 101(1), the provisions of any licence, assignment or agreement between the patentee (or applicant) and a person other than the Central Government shall, in relation to Government use:
a. Continue to operate without exception
b. Be of no effect to the extent they restrict or regulate Government use of the invention or provide for payments in respect of such Government use
c. Automatically stand cancelled
d. Apply only with the approval of the Central Government
23. Under Section 101(1), the protection extends to Government use by:
a. The Central Government or a person authorised under Section 100, and by the patentee or applicant acting pursuant to an order of the Central Government
b. Only the Central Government
c. Only Government undertakings
d. Only the patentee
24. Under Section 101(1), the reproduction or publication of any model or document in connection with Government use:
a. Constitutes copyright infringement
b. Requires the copyright owner's consent
c. Shall not be deemed to be an infringement of copyright subsisting in the model or document
d. Is permissible only after payment of compensation
25. Under Section 101(2), where the patent has been assigned in consideration of royalties or benefits linked to the use of the invention:
a. Section 100(3) applies as if the Government use by the patentee were under an authority given under that section
b. The assignor loses all rights permanently
c. No remuneration is payable
d. The Controller determines the remuneration
26. Under Section 101(2), where there is no agreement regarding the division of sums payable between the patentee and the assignor:
a. The Central Government decides the proportion
b. The Controller determines the proportion
c. The High Court determines the proportion on a reference under Section 103
d. The amount is divided equally
27. Under Section 101(3), where an exclusive licensee is authorised to use the invention for Government purposes:
a. The entire amount is payable only to the patentee
b. The amount shall be shared between the patentee and the exclusive licensee in agreed proportions or, failing agreement, in proportions determined by the High Court
c. The exclusive licensee is not entitled to any share
d. The Controller alone determines the sharing
28. While determining the share of an exclusive licensee under Section 101(3), the High Court shall have regard to:
a. Expenditure incurred by the licensee in developing the invention
b. Payments made by the licensee to the patentee other than royalties or benefits determined by reference to the use of the invention in consideration of the licence
c. Both (a) and (b)
d. Only the market value of the patent
29. Which of the following statements is correct under Section 101?
a. Private licence agreements can restrict Government use of an invention under Section 100.
b. Reproduction of models or documents for Government use amounts to copyright infringement.
c. An exclusive licensee can never share in remuneration payable for Government use.
d. In relation to Government use, restrictive provisions of private licences or agreements are ineffective to the extent specified, reproduction or publication of relevant models or documents is not copyright infringement, and remuneration payable under Section 100 may be apportioned between the patentee, assignor and exclusive licensee in accordance with Section 101.
30. Section 102 of the Patents Act, 1970 deals with:
a. Acquisition of inventions and patents by the Central Government
b. Revocation of patents
c. Compulsory licences
d. Government use of inventions
31. Under Section 102(1), the Central Government may acquire an invention or patent if it is satisfied that:
a. The invention has not been commercially exploited
b. It is necessary to acquire the invention or patent for a public purpose
c. The patentee has refused to grant a licence
d. The patent has been in force for more than ten years
32. Before an invention or patent is acquired under Section 102(1), the Central Government shall:
a. Obtain the consent of the patentee
b. Issue a notice to the Controller
c. Publish a notification in the Official Gazette
d. Obtain prior approval of the High Court
33. Upon publication of the notification under Section 102(1):
a. Only the patent rights vest in the Central Government
b. Only the invention is transferred to the Central Government
c. The invention or patent and all rights in respect thereof stand transferred to and vest in the Central Government by force of law
d. The Controller becomes the owner of the patent
34. Under Section 102(2), notice of acquisition shall be given:
a. Only to the Controller
b. Only to the patentee
c. To the applicant and, where a patent has been granted, to the patentee and all persons appearing in the register as having an interest in the patent
d. Only to the exclusive licensee
35. Under Section 102(3), compensation payable on acquisition shall be:
a. Fixed exclusively by the Central Government
b. Agreed upon between the Central Government and the entitled persons or, in default of agreement, determined by the High Court on a reference under Section 103
c. Determined only by the Controller
d. Equal to the market value of the patent in every case
36. While determining compensation under Section 102(3), the High Court shall have regard to:
a. Expenditure incurred in connection with the invention
b. In the case of a patent, its term, the period and manner of working, including profits earned by the patentee or licensee, and other relevant factors
c. Both (a) and (b)
d. Only the royalty payable under existing licences
37. Which of the following statements is correct under Section 102?
a. The Central Government can acquire a patent only with the consent of the patentee.
b. Acquisition under Section 102 transfers only the patent and not the rights relating to it.
c. Compensation is always determined by the Controller.
d. Where the Central Government considers it necessary for a public purpose, it may acquire an invention or patent by notification in the Official Gazette, whereupon the invention or patent and all related rights vest in the Central Government, and compensation is payable as agreed or, failing agreement, as determined by the High Court under Section 103.
38. Section 103 of the Patents Act, 1970 deals with:
a. Reference to High Court of disputes as to use for purposes of Government
b. Acquisition of patents by the Central Government
c. Government use of inventions
d. Compulsory licences
39. Under Section 103(1), any dispute regarding the exercise of powers under Section 100 may be referred to:
a. The Controller
b. The Central Government
c. The High Court
d. The Appellate Tribunal
40. Under Section 103(1), who may refer a dispute to the High Court?
a. Only the patentee
b. Only the Central Government
c. Either party to the dispute
d. Only the Controller
41. Which of the following disputes may be referred to the High Court under Section 103(1)?
a. Disputes regarding exercise of powers under Section 100
b. Disputes regarding terms for Government use of an invention
c. Disputes regarding entitlement to payments under Section 100(3) or compensation under Section 102
d. All of the above
42. Under Section 103(2)(a), where the Central Government is a party to the proceedings and the patentee is also a party, the Central Government may:
a. Seek amendment of the patent only
b. Petition by way of counter-claim for revocation of the patent on any ground specified under Section 64
c. Cancel the patent by executive order
d. Compel assignment of the patent
43. Under Section 103(2)(b), the Central Government may:
a. Challenge the validity of the patent even without seeking its revocation
b. Challenge validity only after filing a revocation petition
c. Challenge validity only where the patentee is a party
d. Never question the validity of the patent
44. Under Section 103(3), where disclosure of documents or evidence relating to recording, testing or trial of an invention would be prejudicial to public interest:
a. Disclosure is completely prohibited
b. Disclosure may be made confidentially to the advocate of the other party or to an independent expert mutually agreed upon
c. Disclosure shall be made only to the Controller
d. The proceedings shall automatically terminate
45. While determining terms for Government use under Section 103(4), the High Court shall have regard to:
a. Any benefit or compensation already received or receivable by the person or his predecessor in title in respect of Government use of the invention
b. Only the market value of the patent
c. Only the profits earned by the Government
d. Only the royalty demanded by the patentee
46. Under Section 103(5), the High Court may:
a. Refer the whole proceedings or any question or issue of fact to an official referee, commissioner or arbitrator
b. Transfer the matter to the Controller
c. Delegate the dispute to the Patent Office
d. Refer the dispute only to arbitration
47. Under Section 103(6), where the invention was made by a Government servant or employee of a Government undertaking in connection with his normal duties:
a. Every dispute shall be decided only by the High Court
b. The Controller shall dispose of the dispute
c. The Central Government shall dispose of the dispute after giving an opportunity of hearing to the patentee and other interested parties
d. The dispute shall automatically stand resolved in favour of the Government
48. For Section 103(6) to apply, the subject-matter of the invention must be certified by:
a. The Controller
b. The High Court
c. The relevant Government or the principal officer of the Government undertaking as being connected with the employee's normal duties
d. The Attorney General of India
49. Which of the following statements is correct under Section 103?
a. Every dispute regarding Government use must invariably be decided only by the Controller.
b. The Central Government cannot challenge the validity of a patent in proceedings under Section 103.
c. The High Court has no power to refer issues to an arbitrator or official referee.
d. Disputes relating to Government use, payments and compensation may be referred to the High Court, which possesses the powers specified in Section 103; however, disputes relating to inventions made by Government servants or employees of Government undertakings in connection with their normal duties are to be disposed of by the Central Government after giving the concerned parties an opportunity of being heard.
50. Section 104 of the Patents Act, 1970 deals with:
a. Jurisdiction
b. Infringement of patents
c. Burden of proof
d. Relief in suits for infringement
51. Under Section 104, a suit for declaration under Section 105, relief under Section 106 or infringement of a patent shall not be instituted in:
a. The High Court
b. A District Court having jurisdiction
c. Any court inferior to a District Court having jurisdiction to try the suit
d. The Supreme Court
52. Where the defendant makes a counter-claim for revocation of the patent, the suit:
a. Shall continue before the District Court
b. Shall be dismissed
c. Along with the counter-claim, shall be transferred to the High Court for decision
d. Shall be transferred to the Controller
53. A suit for infringement of a patent may be instituted:
a. In any Civil Court
b. Only in the Supreme Court
c. In a District Court having jurisdiction or a higher competent court, but not in any court inferior to a District Court
d. Only before the Controller
54. Which of the following statements is correct under Section 104?
a. A suit for patent infringement may be instituted before any Civil Judge.
b. A counter-claim for revocation is decided by the same District Court.
c. Every suit under Sections 105 and 106 must be filed only before the High Court.
d. No suit under Sections 105, 106 or for patent infringement shall be instituted in any court inferior to a District Court having jurisdiction, and where a counter-claim for revocation of the patent is made, the suit along with the counter-claim shall be transferred to the High Court for decision.
55. Section 104A of the Patents Act, 1970 deals with:
a. Burden of proof in case of suits concerning infringement
b. Jurisdiction of courts
c. Relief in infringement suits
d. Revocation of patents
56. Under Section 104A(1), the burden may be shifted to the defendant where the patent relates to:
a. A product only
b. A process for obtaining a product
c. A design
d. A plant variety
57. Under Section 104A(1), the court may direct the defendant to prove that the process used by him is different from the patented process if the patented process is:
a. A process for obtaining a new product
b. Only a known process
c. A design process
d. A method of treatment
58. Under Section 104A(1)(b), the burden may also shift where:
a. The defendant refuses inspection
b. There is a substantial likelihood that the identical product is made by the patented process and the patentee, despite reasonable efforts, has been unable to determine the process actually used
c. The patent has expired
d. The Controller so directs
59. Before the burden shifts under the proviso to Section 104A(1), the patentee must first prove:
a. That the defendant acted dishonestly
b. That the patent is valid
c. That the product is identical to the product directly obtained by the patented process
d. That the defendant has admitted infringement
60. Under Section 104A(2), while considering whether the defendant has discharged the burden of proof, the court:
a. Shall always require disclosure of manufacturing secrets
b. Shall not require disclosure of manufacturing or commercial secrets if it appears unreasonable to do so
c. Must compel disclosure of all confidential information
d. May decide the suit without hearing the parties
61. Which of the following statements is correct under Section 104A?
a. The burden of proving infringement always remains on the patentee.
b. The burden shifts to the defendant in every patent infringement suit.
c. The court may compel disclosure of all manufacturing secrets irrespective of the circumstances.
d. In suits concerning infringement of a process patent, the court may require the defendant to prove that his process is different from the patented process in the circumstances specified in Section 104A, subject to the patentee first proving identity of the product, and the court shall not require disclosure of manufacturing or commercial secrets where it would be unreasonable to do so.
62. Section 105 of the Patents Act, 1970 deals with:
a. Power of court to make declaration as to non-infringement
b. Relief in infringement suits
c. Burden of proof
d. Jurisdiction
63. Under Section 105(1), any person may institute a suit seeking:
a. Revocation of a patent
b. A declaration that his use of a process or the making, use or sale of an article does not or would not constitute infringement of a patent claim
c. Compulsory licence
d. Amendment of the specification
64. A suit under Section 105 may be instituted:
a. Only after the patentee has filed an infringement suit
b. Only after a legal notice alleging infringement has been issued
c. Even though no assertion of infringement has been made by the patentee or exclusive licensee
d. Only after the Controller grants permission
65. Before instituting a suit under Section 105, the plaintiff must:
a. Apply in writing to the patentee or exclusive licensee for a written acknowledgment, furnishing full particulars of the process or article
b. Obtain permission from the Controller
c. Publish a public notice
d. Deposit security before the Court
66. Under Section 105(1), a suit for declaration is maintainable only if the patentee or exclusive licensee:
a. Admits infringement
b. Refuses or neglects to give the requested written acknowledgment
c. Revokes the patent
d. Files an infringement suit
67. Under Section 105(2), the costs of all parties to a suit under this section shall ordinarily be paid by:
a. The defendant
b. The Central Government
c. The plaintiff
d. The Controller
68. Under Section 105(3), in a suit for declaration:
a. The validity of the patent claim may be challenged
b. The validity of a claim of the specification shall not be called in question
c. The Court must determine the validity of the patent
d. The patent is presumed invalid
69. Under Section 105(3), the making or refusal of a declaration:
a. Implies that the patent is valid
b. Implies that the patent is invalid
c. Shall not be deemed to imply that the patent is either valid or invalid
d. Automatically revokes the patent
70. Under Section 105(4), a suit for declaration under this section may be brought:
a. At any time after the filing of the patent application
b. At any time after the publication of grant of the patent
c. Only after expiry of the patent
d. Only after refusal of a compulsory licence
71. Which of the following statements is correct under Section 105?
a. A suit for declaration of non-infringement can be instituted only after the patentee alleges infringement.
b. The validity of the patent claim can be challenged in a suit under Section 105.
c. The costs of the suit are always payable by the defendant.
d. A person may seek a declaration of non-infringement after the publication of the grant of the patent, even without any allegation of infringement, provided the statutory conditions are fulfilled; however, the validity of the patent claim cannot be questioned in such suit, and the declaration does not imply that the patent is valid or invalid.
72. Section 106 of the Patents Act, 1970 deals with:
a. Power of court to grant relief in cases of groundless threats of infringement proceedings
b. Power of court to declare non-infringement
c. Jurisdiction of courts
d. Burden of proof
73. Under Section 106(1), who may institute a suit against groundless threats of patent infringement proceedings?
a. Only the patentee
b. Only the Controller
c. Any person aggrieved by such threats
d. Only the exclusive licensee
74. Under Section 106(1), threats of infringement proceedings may be made by:
a. Only the patentee
b. Only an exclusive licensee
c. Any person, whether entitled to or interested in a patent or an application for a patent or not
d. Only the Central Government
75. Under Section 106(1), threats may be communicated through:
a. Circulars or advertisements
b. Oral or written communications
c. Communications addressed to the aggrieved person or any other person
d. All of the above
76. Which of the following is NOT a relief specifically provided under Section 106(1)?
a. Declaration that the threats are unjustifiable
b. Injunction against the continuance of the threats
c. Damages sustained by the plaintiff
d. Revocation of the patent
77. Under Section 106(2), the burden is on the defendant to prove that:
a. The plaintiff acted in bad faith
b. The threatened acts constitute, or if done would constitute, infringement of a patent or rights arising from publication of a complete specification in respect of a claim not shown by the plaintiff to be invalid
c. The patent has been worked commercially
d. The Controller approved the threats
78. If the defendant fails to discharge the burden under Section 106(2), the court may:
a. Dismiss the suit
b. Grant the plaintiff all or any of the reliefs prayed for
c. Automatically revoke the patent
d. Refer the dispute to the Controller
79. According to the Explanation to Section 106, which of the following does NOT constitute a threat of proceedings?
a. A legal notice alleging infringement
b. A newspaper advertisement threatening legal action
c. A mere notification of the existence of a patent
d. A written communication threatening an infringement suit
80. Which of the following statements is correct under Section 106?
a. Only a patentee can be sued for making groundless threats.
b. Mere notification of the existence of a patent amounts to a threat of infringement proceedings.
c. The court cannot award damages in a suit under Section 106.
d. Any person aggrieved by unjustifiable threats of patent infringement proceedings may seek a declaration, injunction and damages, and unless the defendant proves that the threatened acts constitute or would constitute infringement of a valid patent right, the court may grant the reliefs claimed.
81. Section 107 of the Patents Act, 1970 deals with:
a. Defences in suit for infringement
b. Relief in infringement suits
c. Burden of proof
d. Jurisdiction
82. Under Section 107(1), in a suit for infringement of a patent:
a. Revocation grounds cannot be raised
b. Every ground on which the patent may be revoked under Section 64 is available as a ground of defence
c. Only invalidity for lack of novelty may be pleaded
d. Only procedural defects may be pleaded
83. Under Section 107(2), it is a valid defence to an infringement suit if the alleged acts are:
a. Authorised by the Controller
b. In accordance with any one or more of the conditions specified in Section 47
c. Done after expiry of the patent
d. Done by a Government undertaking only
84. Which of the following acts is specifically covered by the defence under Section 107(2)?
a. Making, using or importing a machine, apparatus or other article
b. Using any process
c. Importation, use or distribution of any medicine or drug
d. All of the above
85. Section 107A of the Patents Act, 1970 deals with:
a. Certain acts not to be considered as infringement
b. Compulsory licences
c. Government use of inventions
d. Revocation of patents
86. Under Section 107A(a), which of the following acts shall not be considered an infringement if done solely for uses reasonably related to obtaining regulatory approval?
a. Making, constructing, using, selling or importing the patented invention
b. Manufacturing only
c. Selling only
d. Importing only
87. The exemption under Section 107A(a) applies where the information is required under:
a. Any law in force only in India
b. Any law in force only outside India
c. Any law in force in India or in a country other than India regulating the manufacture, construction, use, sale or import of any product
d. Only international treaties
88. Under Section 107A(b), importation of patented products shall not constitute infringement where the import is made:
a. From any foreign seller
b. Only with prior permission of the patentee
c. From a person who is duly authorised under the law to produce and sell or distribute the product
d. Only through the Central Government
89. Which of the following statements is correct under Section 107?
a. Grounds for revocation under Section 64 cannot be raised as a defence in an infringement suit.
b. Compliance with Section 47 is irrelevant in an infringement action.
c. Only acts done in India are protected under Section 107A(a).
d. In a patent infringement suit, every ground of revocation under Section 64 is available as a defence; acts covered by Section 47 constitute a defence; and the acts specified in Section 107A, including regulatory-use exceptions and authorised parallel importation, are not considered infringement.
90. Section 108 of the Patents Act, 1970 deals with:
a. Reliefs in suits for infringement
b. Defences in infringement suits
c. Jurisdiction
d. Revocation of patents
91. Under Section 108(1), which of the following reliefs may the court grant in a suit for infringement?
a. Injunction
b. Damages or, at the option of the plaintiff, an account of profits
c. Both (a) and (b)
d. Compulsory licence
92. Under Section 108(1), the injunction granted by the court:
a. Must always be unconditional
b. May be granted subject to such terms as the court thinks fit
c. Can be granted only after final disposal of the suit
d. Can be granted only with the consent of the defendant
93. Under Section 108(1), the plaintiff may elect between:
a. Damages and compensation under Section 102
b. Damages or an account of profits
c. Injunction or revocation
d. Royalty or compulsory licence
94. Under Section 108(2), the court may order infringing goods to be:
a. Returned to the defendant
b. Seized, forfeited or destroyed
c. Sold by public auction only
d. Licensed to the plaintiff
95. Under Section 108(2), the court may also order seizure, forfeiture or destruction of:
a. Only infringing goods
b. Only manufacturing machinery
c. Materials and implements the predominant use of which is in the creation of infringing goods
d. Every asset of the defendant
96. Under Section 108(2), seizure, forfeiture or destruction of infringing goods or materials may be ordered:
a. Only after payment of market value to the defendant
b. Without payment of any compensation
c. Only with the consent of the patentee
d. Only after Government approval
97. Which of the following statements is correct under Section 108?
a. The plaintiff is entitled to both damages and an account of profits simultaneously.
b. The court cannot order destruction of infringing goods.
c. Injunction is the only relief available in an infringement suit.
d. In a suit for infringement, the court may grant an injunction, and at the plaintiff's option either damages or an account of profits, and may also order seizure, forfeiture or destruction of infringing goods and materials or implements predominantly used for creating such goods without payment of any compensation.
98. Section 109 of the Patents Act, 1970 deals with:
a. Right of exclusive licensee to take proceedings against infringement
b. Reliefs in infringement suits
c. Jurisdiction
d. Assignment of patents
99. Under Section 109(1), the holder of an exclusive licence has:
a. No independent right to sue for infringement
b. The like right as the patentee to institute a suit in respect of infringement committed after the date of the licence
c. The right to sue only with the Controller's permission
d. The right to sue only after termination of the licence
100. The right of an exclusive licensee to institute a suit under Section 109(1) extends to infringement:
a. Committed before the date of the licence
b. Committed after the date of the licence
c. Committed before or after the date of the licence
d. Committed only after renewal of the patent
101. While awarding damages, an account of profits or any other relief in a suit by an exclusive licensee, the court shall take into consideration:
a. Only the loss suffered by the patentee
b. Any loss suffered or likely to be suffered by the exclusive licensee or the profits earned by means of the infringement so far as it infringes the rights of the exclusive licensee
c. Only the market value of the patent
d. Only the royalty payable under the licence
102. Under Section 109(2), where the holder of an exclusive licence institutes an infringement suit:
a. The patentee need not be made a party
b. The patentee shall, unless joined as a plaintiff, be added as a defendant
c. The Central Government shall be impleaded
d. The Controller shall be impleaded
103. A patentee added as a defendant under Section 109(2) shall be liable for costs:
a. In every case
b. Only if the plaintiff loses the suit
c. Only if he enters an appearance and takes part in the proceedings
d. Whether or not he appears in the proceedings
104. Which of the following statements is correct under Section 109?
a. An exclusive licensee has no right to sue for patent infringement.
b. An exclusive licensee may sue for infringement committed before the date of the licence.
c. A patentee added as a defendant is always liable for costs.
d. The holder of an exclusive licence has the same right as the patentee to sue for infringement committed after the date of the licence, the court shall consider the loss or likely loss suffered by the exclusive licensee or the profits earned through the infringement, and the patentee shall be added as a defendant if not joined as a plaintiff, without being liable for costs unless he appears and participates in the proceedings.
105. Section 110 of the Patents Act, 1970 deals with:
a. Right of licensee under Section 84 to take proceedings against infringement
b. Right of exclusive licensee to sue
c. Reliefs in infringement suits
d. Compulsory acquisition of patents
106. Under Section 110, the person entitled to invoke its provisions is:
a. Any ordinary licensee
b. A person to whom a licence has been granted under Section 84
c. Only an exclusive licensee
d. Any registered user
107. Before instituting proceedings under Section 110, the licensee must first:
a. Obtain permission from the Controller
b. Call upon the patentee to take proceedings to prevent infringement
c. Seek approval of the High Court
d. Publish a notice in the Official Gazette
108. Under Section 110, the licensee may institute proceedings in his own name if the patentee:
a. Refuses or neglects to take proceedings within two months after being called upon
b. Does not respond within thirty days
c. Refuses to assign the patent
d. Files a caveat
109. When instituting proceedings under Section 110, the licensee may sue:
a. Only jointly with the patentee
b. In his own name as though he were the patentee, making the patentee a defendant
c. Only with the Controller as a co-plaintiff
d. Only after obtaining leave of the High Court
110. A patentee added as a defendant under Section 110 shall be liable for costs:
a. In every case
b. Only if the licensee succeeds
c. Only if he enters an appearance and takes part in the proceedings
d. Even if he does not appear
111. Which of the following statements is correct under Section 110?
a. A licensee under Section 84 may immediately institute an infringement suit without calling upon the patentee.
b. A Section 84 licensee must wait six months before filing an infringement suit.
c. A patentee added as a defendant is always liable for costs.
d. A person holding a licence under Section 84 may call upon the patentee to institute infringement proceedings, and if the patentee refuses or neglects to do so within two months, the licensee may sue in his own name as though he were the patentee, making the patentee a defendant, who is not liable for costs unless he appears and participates in the proceedings.
112. Section 111 of the Patents Act, 1970 deals with:
a. Restriction on power of court to grant damages or account of profits for infringement
b. Reliefs in infringement suits
c. Defences in infringement suits
d. Jurisdiction
113. Under Section 111(1), damages or an account of profits shall not be granted where the defendant proves that:
a. He acted under legal advice
b. At the date of infringement he was not aware and had no reasonable grounds for believing that the patent existed
c. He had applied for a compulsory licence
d. The patent was about to expire
114. According to the Explanation to Section 111(1), a person shall not be deemed to have knowledge of the existence of a patent merely because:
a. The article bears the word "patent" or "patented"
b. The article contains the patent number
c. The patent is published in the Official Journal
d. The patent is registered
115. Under the Explanation to Section 111(1), the use of the words "patent" or "patented" on an article is sufficient to impute knowledge only if:
a. The name of the patentee is mentioned
b. The number of the patent accompanies the word or words
c. The date of grant is mentioned
d. The Controller has certified the marking
116. Under Section 111(2), the court may refuse to grant damages or an account of profits in respect of infringement committed:
a. Before publication of the patent
b. After failure to pay any renewal fee within the prescribed period and before any extension of that period
c. After expiry of the patent
d. Before filing of the patent application
117. Under Section 111(3), where an amendment of the specification by disclaimer, correction or explanation is allowed after publication:
a. Damages are always recoverable for prior use
b. No damages or account of profits shall be granted for use before the date of the decision allowing the amendment unless the original specification was framed in good faith and with reasonable skill and knowledge
c. The amendment automatically revives all past claims
d. Only nominal damages may be granted
118. Which of the following amendments is specifically covered under Section 111(3)?
a. Disclaimer
b. Correction
c. Explanation
d. All of the above
119. Under Section 111(4), nothing in Section 111 affects the power of the court to:
a. Revoke the patent
b. Grant an injunction in a suit for infringement
c. Grant a compulsory licence
d. Amend the patent specification
120. Which of the following statements is correct under Section 111?
a. An injunction cannot be granted where damages are refused.
b. Patent marking without the patent number is always sufficient to establish knowledge of the patent.
c. Damages are always recoverable even after amendment of the specification.
d. Section 111 restricts the grant of damages or an account of profits in the circumstances specified therein, but it does not affect the court's power to grant an injunction in a suit for patent infringement.
121. Section 112 of the Patents Act, 1970 originally dealt with:
a. Restriction on power of court to grant injunction in certain cases
b. Reliefs in infringement suits
c. Appeals to the High Court
d. Revocation of patents
122. The provisions of Section 112 were:
a. Substituted by the Patents (Amendment) Act, 2005
b. Omitted by the Patents (Amendment) Act, 2002 with effect from 20-5-2003
c. Repealed by the Patents (Amendment) Act, 1999
d. Inserted by the Patents (Amendment) Act, 2002
123. Which of the following statements is correct regarding Section 112 of the Patents Act, 1970?
a. Section 112 is still in force in its original form.
b. Section 112 was substituted by Section 108.
c. Section 112 now deals with injunctions in infringement suits.
d. Section 112, which dealt with restriction on the power of the court to grant injunction in certain cases, was omitted by the Patents (Amendment) Act, 2002 with effect from 20 May 2003.
124. Section 113 of the Patents Act, 1970 deals with:
a. Certificate of validity of specification and costs of subsequent suits for infringement thereof
b. Reliefs in infringement suits
c. Appeals from decrees
d. Revocation of patents
125. Under Section 113(1), where the validity of any claim of a specification is contested and upheld, the High Court may:
a. Revoke the patent
b. Grant a compulsory licence
c. Certify that the validity of the claim was contested in those proceedings and was upheld
d. Award exemplary damages
126. The certificate under Section 113(1) may be granted in proceedings before the High Court for:
a. Revocation of a patent under Sections 64 and 104
b. Grant of a patent
c. Registration of assignments
d. Compulsory licensing only
127. Under Section 113(2), where a certificate has been granted and in a subsequent infringement suit or revocation proceeding the patentee succeeds, he is ordinarily entitled to:
a. Nominal costs only
b. Full costs, charges and expenses properly incurred in respect of the certified claim
c. Double damages
d. Punitive compensation
128. The benefit under Section 113(2) applies in:
a. Any subsequent suit for infringement of the certified claim or subsequent revocation proceeding relating to that claim
b. Every civil suit involving the patentee
c. Only criminal proceedings
d. Proceedings before the Controller alone
129. Under the proviso to Section 113(2), the court shall not order full costs if the party disputing validity proves that:
a. He had already obtained a licence
b. He was unaware of the certificate when the dispute was raised and withdrew the defence immediately upon becoming aware of it
c. The patent was about to expire
d. The Controller advised him to contest validity
130. Under Section 113(3), nothing in this section authorises:
a. The High Court to revoke a patent
b. Appellate courts hearing appeals from infringement decrees or revocation orders to award costs on the special scale referred to in Section 113
c. The Controller to issue certificates of validity
d. The Supreme Court to hear patent appeals
131. Which of the following statements is correct under Section 113?
a. Only the Controller may certify the validity of a patent claim.
b. Every successful patentee automatically receives full costs in all future proceedings.
c. Appellate courts are authorised to award costs on the special scale under Section 113.
d. Where the High Court certifies that the validity of a patent claim was contested and upheld, the successful patentee may ordinarily recover full costs in subsequent infringement or revocation proceedings concerning that claim, subject to the proviso, but appellate courts are not empowered by this section to award costs on that special scale.
132. Section 114 of the Patents Act, 1970 deals with:
a. Relief for infringement of partially valid specification
b. Scientific advisers
c. Certificate of validity
d. Reliefs in infringement suits
133. Under Section 114(1), where one claim alleged to be infringed is valid but another claim is invalid, the court:
a. Must dismiss the entire suit
b. May grant relief in respect of the valid claim which is infringed
c. Must revoke the patent
d. May grant relief only after amendment of the specification
134. Under the proviso to Section 114(1), where the specification is only partially valid, the court shall ordinarily grant:
a. Damages only
b. Account of profits only
c. Injunction only
d. Compensation only
135. Under Section 114(2), the court may grant damages or an account of profits in respect of a valid claim only if the plaintiff proves that:
a. The invalid claim was inserted with the Controller's approval
b. The invalid claim was framed in good faith and with reasonable skill and knowledge
c. The defendant admitted infringement
d. The patent had been commercially worked
136. While exercising its discretion under Section 114(2), the court may take into consideration:
a. The conduct of the parties in inserting the invalid claims in the specification or permitting them to remain there
b. Only the profits earned by the defendant
c. Only the market value of the patent
d. Only the duration of the patent
137. Section 115 of the Patents Act, 1970 deals with:
a. Scientific advisers
b. Relief for partially valid specifications
c. Appeals
d. Compulsory licences
138. Under Section 115(1), the court may appoint:
a. A Patent Agent
b. An independent scientific adviser
c. The Controller
d. An arbitrator
139. The court may appoint a scientific adviser under Section 115:
a. Only on an application by both parties
b. At any time, whether or not an application has been made by any party
c. Only before commencement of trial
d. Only after recording expert evidence
140. An independent scientific adviser may assist the court regarding:
a. Questions of interpretation of law
b. Questions of fact or opinion not involving interpretation of law
c. Constitutional validity of the Act
d. Questions relating to court fees
141. Under Section 115(2), the remuneration of the scientific adviser:
a. Is fixed by the Central Government
b. Is fixed by the Controller
c. Is fixed by the court and is defrayed out of moneys provided by Parliament by law for the purpose
d. Is borne equally by the parties
142. The remuneration of a scientific adviser under Section 115(2) includes:
a. The costs of making the report and a proper daily fee for attendance before the court
b. Only travel expenses
c. Only a daily sitting fee
d. Only the cost of preparing written submissions
143. Which of the following statements is correct under Sections 114 and 115?
a. If any claim of a patent is invalid, no relief can ever be granted for infringement of any valid claim.
b. A scientific adviser may be appointed only on the application of both parties.
c. A scientific adviser may decide questions of law for the court.
d. Relief may be granted for infringement of a valid claim despite other claims being invalid subject to Section 114, and the court may appoint an independent scientific adviser at any stage to assist on questions of fact or opinion not involving interpretation of law, with remuneration fixed by the court and paid out of funds provided by Parliament.
144. Section 116 of the Patents Act, 1970:
a. Continues to establish the Appellate Board
b. Was omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021
c. Deals with appeals to the High Court
d. Deals with the Controller's powers
145. Section 117 of the Patents Act, 1970:
a. Deals with the staff of the Appellate Board
b. Was substituted by the Tribunals Reforms Act, 2021
c. Was omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021
d. Deals with appeals
146. Section 117A of the Patents Act, 1970 deals with:
a. Appeals to the High Court
b. Appeals to the Supreme Court
c. Revision by the Controller
d. Review by the Central Government
147. Under Section 117A(1), save as otherwise expressly provided in sub-section (2):
a. An appeal lies from every order of the Controller
b. An appeal lies from every order of the Central Government
c. No appeal lies from any decision, order or direction made by the Central Government or from any act or order of the Controller giving effect thereto
d. Every order of the Controller is appealable to the High Court
148. Under Section 117A(2), an appeal lies to the High Court from:
a. Every order passed under the Patents Act
b. Only orders passed under Section 64
c. Only those decisions, orders or directions of the Controller or Central Government specifically enumerated in Section 117A(2)
d. Every administrative order of the Patent Office
149. Which one of the following is specifically appealable under Section 117A(2)?
a. Section 15
b. Section 84(1) to (5)
c. Section 94
d. All of the above
150. Under Section 117A(3), every appeal shall:
a. Be oral
b. Be in the prescribed form, verified in the prescribed manner, accompanied by a copy of the impugned decision, order or direction and the prescribed fee
c. Require no prescribed fee
d. Be filed only through a patent agent
151. Under Section 117A(4), every appeal shall ordinarily be filed within:
a. Thirty days
b. Sixty days
c. Three months from the date of the decision, order or direction
d. Six months
152. Under Section 117A(4), the High Court may:
a. Never extend the limitation period
b. Allow a further period in accordance with the rules made by it
c. Extend time only with the Controller's approval
d. Extend time only by one month
153. Which of the following statements is correct under Sections 116, 117 and 117A?
a. Sections 116 and 117 relating to the Appellate Board continue to remain in force.
b. Every order of the Central Government is appealable under Section 117A.
c. Appeals under Section 117A must be filed within six months and cannot be extended.
d. Sections 116 and 117 were omitted by the Tribunals Reforms Act, 2021 with effect from 4 April 2021, and Section 117A provides for appeals to the High Court only against the specified decisions, orders or directions, with appeals ordinarily to be filed within three months, subject to extension as permitted by the High Court.
154. Section 117B of the Patents Act, 1970:
a. Continues to prescribe the procedure and powers of the Appellate Board
b. Was omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021
c. Deals with appeals to the High Court
d. Deals with rectification of patents
155. Section 117C of the Patents Act, 1970:
a. Continues to bar the jurisdiction of courts
b. Was substituted by the Tribunals Reforms Act, 2021
c. Was omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021
d. Deals with appellate procedure