Download Patents Act, 1970 MCQs Set - 6 PDF

 

1. Section 117D of the Patents Act, 1970:

a. Continues to prescribe the procedure for rectification before the Appellate Board

b. Was transferred to the Controller

c. Was omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021

d. Deals with appeals to the High Court

 

2. Which of the following statements is correct regarding Sections 117B, 117C and 117D of the Patents Act, 1970?

a. All three sections continue to operate in their original form.

b. Sections 117B and 117D were omitted, but Section 117C continues to be in force.

c. Only Section 117C was omitted by the Tribunals Reforms Act, 2021.

d. Sections 117B, 117C and 117D were omitted by Section 13 of the Tribunals Reforms Act, 2021 with effect from 4 April 2021.

 

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

a. Appearance of Controller in legal proceedings

b. Appeals to the High Court

c. Powers of the High Court

d. Rectification of the register

 

4. Under Section 117E(1)(a), the Controller has the right to appear and be heard in legal proceedings before the High Court where:

a. The relief sought includes alteration or rectification of the register or any question relating to the practice of the patent office is raised

b. Every patent infringement suit is filed

c. Any criminal prosecution is instituted

d. Any appeal is filed before the Supreme Court

 

5. Under Section 117E(1)(b)(i), the Controller may appear in an appeal where the application for grant of a patent:

a. Was opposed and revoked

b. Was not opposed and was refused or accepted subject to amendments, modifications, conditions or limitations

c. Was abandoned by the applicant

d. Was granted without conditions

 

6. Under Section 117E(1)(b)(ii), where an application for grant of a patent has been opposed, the Controller may appear if:

a. The applicant so requests

b. The Controller considers that his appearance is necessary in the public interest

c. The patentee consents

d. The Central Government directs him

 

7. Under Section 117E(1), the Controller:

a. May refuse to appear even if directed by the High Court

b. Shall appear in any case if so directed by the High Court

c. Can appear only with the consent of the parties

d. Has no right of audience before the High Court

 

8. Under Section 117E(2), unless the High Court otherwise directs, the Controller may, instead of appearing:

a. Appoint an advocate to represent him

b. Submit a written statement signed by him containing relevant particulars

c. File an affidavit through the Central Government

d. Delegate his powers to the Registrar

 

9. A written statement submitted by the Controller under Section 117E(2) may contain:

a. Particulars of proceedings before him

b. Grounds of his decision or the practice of the patent office in like cases

c. Other matters relevant to the issues and within his knowledge

d. All of the above

 

10. A written statement submitted by the Controller under Section 117E(2):

a. Has no evidentiary value

b. Shall be treated only as an argument

c. Shall be evidence in the proceeding

d. Requires formal proof by oral examination

 

11. Which of the following statements is correct under Section 117E?

a. The Controller has no right to participate in proceedings before the High Court.

b. The Controller may appear only in infringement suits.

c. A written statement submitted by the Controller is not admissible in evidence.

d. The Controller has the right to appear and be heard in the cases specified in Section 117E, must appear if directed by the High Court, and may, unless otherwise directed, submit a signed written statement containing relevant particulars, which shall be evidence in the proceeding.

 

12. Section 117F of the Patents Act, 1970:

a. Continues to deal with costs of the Controller in proceedings before 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 transfer of proceedings

 

13. Section 117G of the Patents Act, 1970:

a. Continues to provide for transfer of pending proceedings to 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 powers of the High Court

 

14. Section 117H of the Patents Act, 1970:

a. Continues to empower the Appellate Board to make rules

b. Was transferred to the High Court

c. Was omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021

d. Deals with the powers of the Controller

 

15. Which of the following statements is correct regarding Sections 117F, 117G and 117H of the Patents Act, 1970?

a. All three sections continue to remain in force.

b. Only Sections 117F and 117G were omitted.

c. Only Section 117H was omitted.

d. Sections 117F, 117G and 117H were omitted by Section 13 of the Tribunals Reforms Act, 2021 with effect from 4 April 2021.

 

16. Section 118 of the Patents Act, 1970 deals with:

a. Contravention of secrecy provisions relating to certain inventions

b. Falsification of entries in the register

c. Refusal to supply information

d. Wrongful use of the word "patent"

 

17. A person commits an offence under Section 118 if he:

a. Fails to comply with any direction given under Section 35

b. Makes or causes to be made an application for the grant of a patent in contravention of Section 39

c. Either (a) or (b)

d. Merely files an incomplete patent application

 

18. The maximum term of imprisonment prescribed under Section 118 is:

a. Six months

b. One year

c. Two years

d. Three years

 

19. The punishment under Section 118 may include:

a. Imprisonment only

b. Fine only

c. Imprisonment or fine or both

d. Cancellation of citizenship

 

20. The proviso to Section 118 provides that, in case of contravention of Section 39, the penal provisions shall not apply if:

a. The Controller condones the delay

b. The applicant voluntarily withdraws the application

c. In the opinion of the Central Government, the invention was not relevant for defence purpose or atomic energy at the time of such contravention

d. The patent has not yet been granted

 

21. Which authority forms the opinion that the invention was not relevant for defence purpose or atomic energy for the purpose of the proviso to Section 118?

a. The High Court

b. The Controller

c. The Central Government

d. The Patent Office

 

22. Which of the following statements is correct under Section 118 of the Patents Act, 1970?

a. Contravention of Section 39 always attracts punishment irrespective of the nature of the invention.

b. Failure to comply with a direction under Section 35 is not punishable.

c. The maximum punishment under Section 118 is five years' imprisonment.

d. A person who fails to comply with a direction under Section 35 or contravenes Section 39 is punishable with imprisonment up to two years or fine or both, but in the case of Section 39, the penal provision does not apply if the Central Government is of the opinion that the invention was not relevant for defence purpose or atomic energy at the time of the contravention.

 

23. Section 119 of the Patents Act, 1970 deals with:

a. Falsification of entries in the register, etc.

b. Refusal or failure to supply information

c. Wrongful use of the words "patent office"

d. Practice by non-registered patent agents

 

24. The legal status of Section 119 of the Patents Act, 1970 is that it:

a. Continues to be in force without amendment

b. Was substituted by the Jan Vishwas (Amendment of Provision) Act, 2026

c. Was omitted by the Jan Vishwas (Amendment of Provision) Act, 2026 with effect from 1-6-2026

d. Was repealed by the Tribunals Reforms Act, 2021

 

25. Which of the following statements is correct regarding Section 119 of the Patents Act, 1970?

a. Section 119 continues to prescribe punishment for falsification of entries in the register.

b. Section 119 was omitted by Section 2 read with the Schedule to the Jan Vishwas (Amendment of Provision) Act, 2026 with effect from 1 June 2026.

c. Section 119 was omitted by the Tribunals Reforms Act, 2021.

d. Section 119 has been renumbered as Section 120.

 

26. Section 120 of the Patents Act, 1970 deals with:

a. Unauthorised claim of patent rights

b. Practice by non-registered patent agents

c. Refusal to supply information

d. Secrecy provisions

 

27. Under Section 120, a person is liable if he falsely represents that:

a. An article sold by him is patented in India

b. An article sold by him is the subject of an application for a patent in India

c. Either (a) or (b)

d. He is a registered patent agent

 

28. Under Section 120, the maximum penalty for making a false claim of patent rights is:

a. ₹1 lakh

b. ₹5 lakh

c. ₹10 lakh

d. ₹25 lakh

 

29. In the case of a continuing false claim under Section 120, the further penalty is:

a. ₹500 per day

b. ₹1,000 per day after the first day during which the claim continues

c. ₹5,000 per day

d. ₹10,000 per day

 

30. Under Explanation 1(a) to Section 120, a person is deemed to represent that an article is patented in India if:

a. The article bears the word "patent", "patented", or any other word expressing or implying that a patent for the article has been obtained in India

b. The article merely contains a serial number

c. The article bears a manufacturer's logo

d. The article contains a copyright notice

 

31. Under Explanation 1(b) to Section 120, a person is deemed to represent that an article is the subject of an application for a patent in India if the article bears:

a. "Patent applied for", "Patent pending", or similar words implying that an application has been made in India

b. Only the word "Registered"

c. A trademark symbol

d. A copyright symbol

 

32. Under Explanation 2 to Section 120, the use of the words "patent", "patented", "patent applied for" or "patent pending" shall ordinarily be deemed to refer to:

a. A patent granted anywhere in the world

b. A patent in force in India or a pending patent application in India

c. A patent granted by WIPO

d. A patent granted in any Commonwealth country

 

33. Under Explanation 2 to Section 120, the presumption that the words refer to an Indian patent does not apply where:

a. The article is imported

b. There is an accompanying indication that the patent has been obtained or applied for in a country outside India

c. The article is manufactured by a foreign company

d. The article bears a trademark

 

34. Which of the following statements is correct under Section 120 of the Patents Act, 1970?

a. A false claim of patent rights is punishable with imprisonment up to two years.

b. No penalty is prescribed for a continuing false claim.

c. The words "patent pending" always refer to a foreign patent application.

d. A person falsely representing that an article is patented in India or is the subject of an application for a patent in India is liable to a penalty up to ₹10 lakh, with a further penalty of ₹1,000 per day for a continuing claim, and the statutory expressions are deemed to refer to patents or applications in India unless accompanied by an indication that they relate to a foreign country.

 

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

a. Wrongful use of the words "patent office"

b. Unauthorised claim of patent rights

c. Refusal or failure to supply information

d. Practice by non-registered patent agents

 

36. The present legal status of Section 121 of the Patents Act, 1970 is that it:

a. Continues to be in force without amendment

b. Was substituted by the Jan Vishwas (Amendment of Provisions) Act, 2023

c. Was omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023 with effect from 1-8-2024

d. Was omitted by the Tribunals Reforms Act, 2021

 

37. Which of the following statements is correct regarding Section 121 of the Patents Act, 1970?

a. Section 121 still prescribes punishment for wrongful use of the words "patent office".

b. Section 121 was omitted by Section 2 read with the Schedule to the Jan Vishwas (Amendment of Provisions) Act, 2023 with effect from 1 August 2024.

c. Section 121 was omitted by the Jan Vishwas (Amendment of Provision) Act, 2026.

d. Section 121 has been renumbered as Section 122.

 

38. Section 122 of the Patents Act, 1970 deals with:

a. Refusal or failure to supply information

b. Practice by non-registered patent agents

c. Unauthorised claim of patent rights

d. Patent agents

 

39. Under Section 122(1), a person is liable if he refuses or fails to furnish information required:

a. Only under Section 146

b. Only under Section 100(5)

c. Under Section 100(5) to the Central Government or under Section 146 to the Controller

d. Under any provision of the Patents Act

 

40. Under Section 122(1), the maximum penalty for refusal or failure to furnish the required information is:

a. ₹50,000

b. ₹1 lakh

c. ₹5 lakh

d. ₹10 lakh

 

41. In case of a continuing refusal or failure under Section 122(1), the further penalty is:

a. ₹500 per day

b. ₹1,000 per day after the first day during which the refusal or failure continues

c. ₹5,000 per day

d. ₹10,000 per day

 

42. Under Section 122(2), liability arises where a person furnishes information or a statement:

a. Which is incomplete

b. Which is false and which he knows, has reason to believe is false, or does not believe to be true

c. Which is unsigned

d. Which is filed after the prescribed period

 

43. Under Section 122(2), the penalty for furnishing false information is:

a. ₹1 lakh

b. ₹5 crore in every case

c. One-half per cent of the total sale or turnover, as the case may be, of business or of the gross receipts in profession as computed in the audited accounts, or ₹5 crore, whichever is less

d. Imprisonment up to two years

 

44. While computing the penalty under Section 122(2), one-half per cent is calculated on:

a. The value of the patent

b. The total sale or turnover of business, as the case may be, or the gross receipts in profession as computed in the audited accounts

c. The profits earned from the patented invention only

d. The capital employed by the enterprise

 

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

a. Practice by non-registered patent agents

b. Registration of patent agents

c. Removal of patent agents

d. Qualifications of patent agents

 

46. A person becomes liable under Section 123 if he contravenes the provisions of:

a. Section 120

b. Section 122

c. Section 129

d. Section 130

 

47. Under Section 123, the maximum penalty for contravening Section 129 is:

a. ₹1 lakh

b. ₹2 lakh

c. ₹5 lakh

d. ₹10 lakh

 

48. In case of a continuing default under Section 123, the further penalty is:

a. ₹500 per day

b. ₹1,000 per day after the first day during which the default continues

c. ₹5,000 per day

d. ₹10,000 per day

 

49. Which of the following statements is correct under Sections 122 and 123 of the Patents Act, 1970?

a. Furnishing false information under Section 122 attracts imprisonment up to two years.

b. Refusal to furnish information under Section 122 is punishable only with a warning.

c. Practice by a non-registered patent agent under Section 123 attracts a maximum penalty of ₹1 lakh.

d. Refusal or failure to furnish information required under Sections 100(5) or 146 attracts a penalty up to ₹1 lakh with a continuing daily penalty, furnishing knowingly false information attracts a monetary penalty under Section 122(2), and contravention of Section 129 attracts a penalty up to ₹5 lakh with a continuing daily penalty.

 

50. Section 124 of the Patents Act, 1970 deals with:

a. Offences by companies

b. Practice by non-registered patent agents

c. Patent agents

d. Refusal to supply information

 

51. Under Section 124(1), where an offence under the Patents Act is committed by a company:

a. Only the company is liable

b. Only the directors are liable

c. The company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty

d. Only the managing director is liable

 

52. Under the proviso to Section 124(1), a person in charge of the company shall not be liable if he proves that:

a. He resigned after the offence

b. The company suffered no loss

c. The offence was committed without his knowledge or that he exercised all due diligence to prevent its commission

d. The offence was committed by a subordinate employee

 

53. Section 124(2) provides that a director, manager, secretary or other officer of the company shall also be deemed guilty if the offence was committed:

a. Only with his written approval

b. With his consent or connivance, or is attributable to his neglect

c. Only if he signed the relevant document

d. Only if the company is convicted first

 

54. Under Section 124(2), liability of a director, manager, secretary or other officer is:

a. Dependent solely on his designation

b. Attracted where the offence is proved to have been committed with his consent or connivance or is attributable to his neglect

c. Limited to civil liability only

d. Excluded where the company is prosecuted

 

55. For the purposes of Section 124, the expression "company" includes:

a. Only a company incorporated under the Companies Act

b. Only a body corporate

c. Any body corporate and includes a firm or other association of individuals

d. Only a partnership firm

 

56. Under the Explanation to Section 124, in relation to a firm, the expression "director" means:

a. Managing partner

b. Designated partner only

c. Any employee of the firm

d. A partner in the firm

 

57. Which of the following is NOT a defence specifically recognized under the proviso to Section 124(1)?

a. The offence was committed without the person's knowledge

b. The person exercised all due diligence to prevent the commission of the offence

c. The offence caused no financial loss

d. Either (a) or (b)

 

58. Which of the following statements is correct under Section 124 of the Patents Act, 1970?

a. Only the company can be prosecuted for offences under the Act.

b. Directors are automatically liable merely because of their designation.

c. A partner of a firm is not covered by Section 124.

d. Where a company commits an offence, the company and every person in charge of and responsible for its business are deemed guilty subject to the statutory defence, and officers whose consent, connivance or neglect led to the offence are also deemed guilty; for this purpose, "company" includes a firm or other association of individuals, and "director" in relation to a firm means a partner.

 

59. Section 124A of the Patents Act, 1970 deals with:

a. Adjudication of penalties

b. Appeal to the High Court

c. Offences by companies

d. Patent agents

 

60. Under Section 124A, the Controller may authorise:

a. Any police officer

b. An officer referred to in Section 73 to act as the adjudicating officer

c. Any patent agent

d. Any officer of the Central Government

 

61. Before imposing a penalty under Section 124A, the adjudicating officer shall:

a. Obtain approval of the High Court

b. Give the person concerned a reasonable opportunity of being heard

c. Consult the Central Government

d. Refer the matter to the Controller

 

62. Section 124B of the Patents Act, 1970 deals with:

a. Appeal

b. Review

c. Revision

d. Reference

 

63. Under Section 124B(1), an appeal against the order of the adjudicating officer shall lie to:

a. The High Court

b. The Controller

c. An appellate authority who is an officer at least one rank above the adjudicating officer, authorised by the Central Government by notification

d. The Central Administrative Tribunal

 

64. Under Section 124B(1), an appeal shall ordinarily be preferred within:

a. Thirty days

b. Forty-five days

c. Sixty days from the date of receipt of the order

d. Ninety days

 

65. Under Section 124B(2), every appeal shall be preferred:

a. Orally

b. In such form and manner as may be prescribed

c. Only through a patent agent

d. Only electronically

 

66. Under Section 124B(3), an appeal filed after sixty days may be admitted if:

a. The Controller grants permission

b. The appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period

c. Both parties consent

d. The Central Government approves

 

67. Under Section 124B(4), no appeal shall be disposed of unless:

a. The Controller appears personally

b. The appellant has been given a reasonable opportunity of being heard

c. The respondent files written arguments

d. The appeal is decided within thirty days

 

68. Under Section 124B(5), the appellate authority shall dispose of the appeal within:

a. Thirty days from filing

b. Forty-five days from receipt

c. Sixty days from the date of filing the appeal

d. Ninety days from admission

 

69. Under Section 124B(6), where a person fails to comply with the order of the adjudicating officer or the appellate authority within ninety days, he shall:

a. Be liable only to an additional civil penalty

b. Be punishable, in addition to the penalty, with a fine of ₹1 lakh or imprisonment up to one year or both

c. Automatically lose all patent rights

d. Be debarred from filing patent applications for five years

 

70. The period allowed under Section 124B(6) for compliance with the order of the adjudicating officer or the appellate authority is:

a. Thirty days

b. Sixty days

c. Ninety days

d. One hundred and twenty days

 

71. Which of the following statements is correct under Sections 124A and 124B of the Patents Act, 1970?

a. The adjudicating officer may impose penalties without giving the person concerned an opportunity of being heard.

b. Every appeal against the adjudicating officer's order lies directly to the High Court.

c. Delay beyond sixty days in filing an appeal can never be condoned.

d. The Controller may authorise an officer referred to in Section 73 as the adjudicating officer; an appeal lies within sixty days to an authorised officer at least one rank above the adjudicating officer, delay may be condoned for sufficient cause, the appellant must be given a reasonable opportunity of being heard, the appeal should ordinarily be decided within sixty days, and failure to comply with the final order within ninety days attracts, in addition to the penalty, a fine of ₹1 lakh or imprisonment up to one year or both.

 

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

a. Register of patent agents

b. Qualifications for registration as patent agents

c. Practice by non-registered patent agents

d. Removal from the register

 

73. Under Section 125(1), the Controller shall maintain:

a. A register of patents

b. A register of patent agents

c. A register of patent applications

d. A register of licensees

 

74. The register maintained under Section 125 shall contain:

a. Only the names of patent agents

b. Names, addresses and other relevant particulars as may be prescribed of persons qualified under Section 126

c. Only addresses of patent agents

d. Only registration numbers

 

75. Under Section 125(1), the names entered in the register of patent agents shall be of persons qualified under:

a. Section 124

b. Section 126

c. Section 127

d. Section 129

 

76. Under Section 125(2), the Controller may keep the register of patent agents:

a. Only in a physical register

b. Only in computer floppies

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

d. Only on paper and microfilm

 

77. The electronic maintenance of the register under Section 125(2) is:

a. Prohibited

b. Permissible only with prior approval of the High Court

c. Permissible subject to such safeguards as may be prescribed

d. Permissible only in the form of diskettes

 

78. Which of the following statements is correct under Section 125 of the Patents Act, 1970?

a. The Controller is required to maintain the register of patent agents only in physical form.

b. The register may contain the names of any person irrespective of qualifications.

c. The register contains the names, addresses and other prescribed particulars of persons qualified under Section 126, and it may be maintained in computer floppies, diskettes or any other electronic form subject to prescribed safeguards.

d. The register of patent agents is maintained by the Central Government.

 

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

a. Qualifications for registration as patent agents

b. Register of patent agents

c. Practice by non-registered patent agents

d. Removal from the register

 

80. Under Section 126(1), a person is qualified for registration as a patent agent only if he is:

a. A citizen of India

b. A citizen of any Commonwealth country

c. A resident of India

d. A person domiciled in India

 

81. Under Section 126(1), the minimum age required for registration as a patent agent is:

a. 18 years

b. 21 years

c. 25 years

d. 30 years

 

82. Under Section 126(1)(c), a person must possess:

a. A degree in law

b. A degree in science, engineering or technology from a University established under law in India or such other equivalent qualifications as specified by the Central Government

c. A diploma in engineering only

d. A postgraduate degree in intellectual property

 

83. In addition to the educational qualification under Section 126(1)(c), a person must:

a. Pass the prescribed qualifying examination

b. Have functioned for a total period of not less than ten years either as an Examiner or discharged the functions of the Controller under Section 73 or both, and have ceased to hold such capacity at the time of applying

c. Either (a) or (b)

d. Be enrolled as an advocate

 

84. Under Section 126(1)(c)(iii), the minimum period of service required for exemption from the qualifying examination is:

a. Five years

b. Seven years

c. Ten years

d. Fifteen years

 

85. A person claiming eligibility under Section 126(1)(c)(iii) must have ceased to hold the capacity of Examiner or Controller:

a. Before making the application for registration

b. Before attaining the age of 60 years

c. Before passing the qualifying examination

d. Before payment of the prescribed fee

 

86. Under Section 126(1)(d), a person seeking registration as a patent agent must:

a. Furnish a security deposit

b. Pay the prescribed fee

c. Obtain approval of the Central Government

d. Complete one year of training

 

87. Under Section 126(2), a person registered as a patent agent before the commencement of the Patents (Amendment) Act, 2005:

a. Must qualify afresh under Section 126(1)

b. Ceases to be a patent agent automatically

c. Is entitled to continue to be, or when required to be re-registered as, a patent agent on payment of the prescribed fees

d. Must pass the qualifying examination again

 

88. Which of the following statements is correct under Section 126 of the Patents Act, 1970?

a. Every advocate is automatically entitled to be registered as a patent agent.

b. Only passing the qualifying examination is sufficient for registration.

c. A foreign citizen with the prescribed qualifications is eligible for registration.

d. A person seeking registration must be an Indian citizen, have completed 21 years of age, possess the prescribed educational qualification, either pass the prescribed qualifying examination or satisfy the ten-year service requirement under Section 126(1)(c)(iii), pay the prescribed fee, and persons registered before the commencement of the Patents (Amendment) Act, 2005 are entitled to continue or be re-registered on payment of the prescribed fees.

 

89. Section 127 of the Patents Act, 1970 deals with:

a. Rights of patent agents

b. Qualifications for registration as patent agents

c. Removal of patent agents

d. Register of patent agents

 

90. Under Section 127, the rights of a patent agent are:

a. Absolute and unrestricted

b. Subject to the provisions of the Act and the rules made thereunder

c. Subject only to the Controller's discretion

d. Subject only to the Central Government's directions

 

91. Under Section 127(a), every patent agent whose name is entered in the register is entitled:

a. To practice before all courts

b. To practice before the Controller

c. To appear before the Supreme Court

d. To act as an arbitrator

 

92. Under Section 127(b), a registered patent agent is entitled to:

a. Prepare all documents, transact all business and discharge such other prescribed functions in connection with proceedings before the Controller

b. Represent parties before the High Court

c. Conduct criminal prosecutions

d. Certify patents

 

93. Which of the following is NOT a right expressly conferred under Section 127?

a. Practising before the Controller

b. Preparing documents relating to proceedings before the Controller

c. Transacting business connected with proceedings before the Controller

d. Appearing as of right before the High Court in patent appeals

 

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

a. Subscription and verification of certain documents by patent agents

b. Removal of patent agents

c. Registration of patent agents

d. Practice by non-registered patent agents

 

95. Under Section 128(1), applications and communications to the Controller under the Act:

a. Must always be signed personally by the applicant

b. May be signed by a patent agent authorised in writing by the person concerned

c. May be signed by any advocate without authorisation

d. Can be signed only by the Controller

 

96. Under Section 128(1), a patent agent may sign applications and communications to the Controller only if:

a. He has ten years' experience

b. He is authorised in writing by the person concerned

c. He is nominated by the Central Government

d. He is appointed by the High Court

 

97. Which of the following statements is correct under Sections 127 and 128 of the Patents Act, 1970?

a. Every registered patent agent has an unrestricted right to practise before all courts.

b. Applications under the Act must always be signed personally by the applicant.

c. A patent agent may sign applications only with the Controller's prior permission.

d. Subject to the Act and the rules, every registered patent agent may practise before the Controller, prepare documents, transact business and perform prescribed functions connected with proceedings before the Controller, and applications and communications under the Act may be signed by a patent agent authorised in writing by the person concerned.

 

98. Section 129 of the Patents Act, 1970 deals with:

a. Restrictions on practice as patent agents

b. Rights of patent agents

c. Register of patent agents

d. Qualifications for registration as patent agents

 

99. Under Section 129(1), no person shall practise, describe or hold himself out as a patent agent unless:

a. He is an advocate

b. He is registered as a patent agent

c. He holds a science degree

d. He has obtained the Controller's permission

 

100. Under Section 129(1), where a person practises in partnership, he may do so only if:

a. At least one partner is a registered patent agent

b. He alone is registered as a patent agent

c. He and all his partners are registered as patent agents

d. The partnership is registered under the Partnership Act

 

101. Under Section 129(2), which of the following is prohibited?

a. A company or other body corporate practising, describing itself or holding itself out as patent agents

b. A registered patent agent practising before the Controller

c. A partnership of registered patent agents carrying on practice

d. A patent agent preparing patent specifications

 

102. Under the Explanation to Section 129, "practise as a patent agent" includes:

a. Applying for or obtaining patents in India or elsewhere

b. Preparing specifications or other documents for the purposes of the Patents Act or the patent law of any other country

c. Giving advice, other than of a scientific or technical nature, as to the validity of patents or their infringement

d. All of the above

 

103. Under the Explanation to Section 129, applying for or obtaining patents:

a. Only in India amounts to practice as a patent agent

b. Only outside India amounts to practice as a patent agent

c. In India or elsewhere amounts to practice as a patent agent

d. Does not amount to practice as a patent agent

 

104. Under the Explanation to Section 129, preparing specifications or other documents for the purposes of:

a. Only the Patents Act, 1970

b. Only the patent law of another country

c. The Patents Act, 1970 or the patent law of any other country

d. Any commercial transaction

 

105. Under the Explanation to Section 129, which advice amounts to practice as a patent agent?

a. Scientific advice only

b. Technical advice only

c. Advice, other than of a scientific or technical nature, as to the validity of patents or their infringement

d. Business advice relating to licensing only

 

106. Which of the following statements is correct under Section 129 of the Patents Act, 1970?

a. A company may practise as a patent agent if one of its directors is a registered patent agent.

b. A partnership may practise as patent agents if at least one partner is registered.

c. Giving scientific or technical advice regarding patents is expressly included in the definition of practising as a patent agent.

d. No person may practise or hold himself out as a patent agent unless registered, a partnership may do so only if all partners are registered, no company or body corporate may practise or hold itself out as patent agents, and practising as a patent agent includes the acts specified in the Explanation.

 

107. Section 130 of the Patents Act, 1970 deals with:

a. Removal from register of patent agents and restoration

b. Power of Controller to refuse to deal with certain agents

c. Register of patent agents

d. Rights of patent agents

 

108. Under Section 130(1), the authority empowered to remove the name of a person from the register of patent agents is:

a. The Central Government

b. The High Court

c. The Controller

d. The Appellate Authority

 

109. Before removing the name of a patent agent from the register under Section 130(1), the Controller shall:

a. Obtain approval of the Central Government

b. Give the person a reasonable opportunity of being heard and make such further inquiry as he thinks fit

c. Refer the matter to the High Court

d. Issue only a show-cause notice

 

110. Under Section 130(1)(i), the Controller may remove a person's name from the register if:

a. The person has retired from practice

b. His name was entered by error or on account of misrepresentation or suppression of material fact

c. He has not practised for one year

d. He has failed to renew his registration

 

111. Under Section 130(1)(ii), removal from the register may be ordered where the person:

a. Has been convicted of any offence and sentenced to imprisonment or has been guilty of professional misconduct rendering him unfit to remain on the register

b. Has changed his address without notice

c. Has failed to appear before the Controller

d. Has not renewed his licence within six months

 

112. Under Section 130(2), the Controller may restore the name of a person to the register:

a. Automatically after one year

b. On application and on sufficient cause being shown

c. Only on the direction of the High Court

d. Only after passing the qualifying examination again

 

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

a. Power of Controller to refuse to deal with certain agents

b. Rights of patent agents

c. Register of patent agents

d. Patent offices

 

114. Under Section 131(1)(a), the Controller may refuse to recognise as agent:

a. Any person below 21 years of age

b. Any individual whose name has been removed from, and not restored to, the register

c. Any advocate

d. Any government servant

 

115. Under Section 131(1)(b), the Controller may refuse to recognise:

a. Any person convicted of an offence under Section 123

b. Any person convicted of any offence whatsoever

c. Any person against whom civil proceedings are pending

d. Any person who has filed more than ten patent applications

 

116. Under Section 131(1)(c), the Controller may refuse to recognise:

a. A registered patent agent

b. A person not registered as a patent agent who, in the Controller's opinion, is engaged wholly or mainly in acting as an agent in applying for patents in India or elsewhere for the benefit of his employer

c. Any law graduate

d. Any retired patent examiner

 

117. Under Section 131(1)(d), the Controller may refuse to recognise:

a. Any company or firm in which a person whom the Controller could refuse to recognise acts as a director, manager or partner

b. Every partnership firm

c. Every company incorporated outside India

d. Every LLP

 

118. Under Section 131(2), the Controller shall refuse to recognise as agent:

a. Every foreign national

b. Any person who neither resides nor has a place of business in India

c. Any person below 25 years of age

d. Every company incorporated outside India

 

119. Which of the following statements is correct under Sections 130 and 131 of the Patents Act, 1970?

a. The Controller may remove a person's name from the register without giving him an opportunity of being heard.

b. The Controller has no power to restore a removed name to the register.

c. The Controller may recognise any person as an agent irrespective of residence or place of business.

d. The Controller may remove a person's name from the register on the grounds specified in Section 130 after giving a reasonable opportunity of being heard, may restore the name on sufficient cause being shown, may refuse to recognise the categories of agents specified in Section 131(1), and shall refuse to recognise any person who neither resides nor has a place of business in India.

 

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

a. Savings in respect of other persons authorised to act as agents

b. Removal from register of patent agents

c. Rights of patent agents

d. Practice by non-registered patent agents

 

121. Under Section 132, nothing in Chapter XXI shall be deemed to prohibit:

a. Only registered patent agents from appearing before the Controller

b. The persons specified in clauses (a) and (b)

c. Only advocates

d. Only applicants for patents

 

122. Under Section 132(a), the applicant for a patent may:

a. Draft any specification or appear or act before the Controller

b. Appear only through a registered patent agent

c. Draft specifications but cannot appear before the Controller

d. Appear only with the permission of the Controller

 

123. Under Section 132(b), an advocate who is not a patent agent may:

a. Practise as a patent agent

b. Prepare patent specifications for all applicants

c. Take part in any hearing before the Controller on behalf of a party taking part in proceedings under the Act

d. Apply for patents in the name of clients

 

124. Under Section 132(b), the advocate referred to therein:

a. Must also be a registered patent agent

b. Need not be a patent agent

c. Must have passed the patent agent examination

d. Must be a former Controller

 

125. Which of the following statements is correct under Section 132 of the Patents Act, 1970?

a. Every applicant for a patent must necessarily act through a registered patent agent.

b. An advocate who is not a patent agent cannot participate in proceedings before the Controller.

c. Only registered patent agents may draft patent specifications.

d. Nothing in Chapter XXI prohibits an applicant for a patent from drafting any specification or appearing or acting before the Controller, or an advocate who is not a patent agent from taking part in any hearing before the Controller on behalf of a party to proceedings under the Act.

 

126. Section 133 of the Patents Act, 1970 deals with:

a. Convention countries

b. Patent agents

c. Convention applications

d. International applications

 

127. Under Section 133, a convention country may be:

a. Only a sovereign country

b. Only a signatory to the Paris Convention

c. A country, a group of countries, a union of countries, or an inter-governmental organisation satisfying the statutory requirements

d. Only a member of the United Nations

 

128. Under Section 133, the country, group of countries, union of countries or inter-governmental organisation must be:

a. A signatory or party to an international, regional or bilateral treaty, convention or arrangement to which India is also a signatory or party

b. Approved by the Controller alone

c. A member of the WTO only

d. Recognised by the High Court

 

129. Under Section 133, the relevant treaty, convention or arrangement may be:

a. Only international

b. Only bilateral

c. International, regional or bilateral

d. Only regional

 

130. Under Section 133, similar privileges must be afforded:

a. Only to Indian companies

b. To applicants for patents in India or to citizens of India

c. Only to registered patent agents

d. Only to the Central Government

 

131. Under Section 133, the similar privileges must relate to:

a. Copyright protection

b. Trademark registration

c. Grant of patents and protection of patent rights

d. Industrial licensing

 

132. Under Section 133, the privileges afforded by the foreign country or organisation must be similar to those granted:

a. Only to their own citizens

b. Only to citizens of member countries

c. To their own citizens or citizens of their member countries, as the case may be

d. Only to permanent residents

 

133. Which of the following statements is correct under Section 133 of the Patents Act, 1970?

a. Only sovereign countries can be convention countries under the Act.

b. A convention country must necessarily be a member of the United Nations.

c. A convention country must necessarily have a free trade agreement with India.

d. Any country, group of countries, union of countries or inter-governmental organisation that is a signatory or party to an international, regional or bilateral treaty, convention or arrangement to which India is also a signatory or party and which affords similar patent privileges to applicants for patents in India or citizens of India shall be a convention country for the purposes of the Act.

 

134. Section 134 of the Patents Act, 1970 deals with:

a. Notification as to countries not providing for reciprocity

b. Convention countries

c. Convention applications

d. International applications

 

135. Under Section 134, the Central Government specifies a country by:

a. Executive order

b. Notification in the Official Gazette

c. Presidential Order

d. Order of the Controller

 

136. A notification under Section 134 may be issued where a country:

a. Is not a member of the WTO

b. Does not accord to citizens of India the same rights in respect of the grant of patents and protection of patent rights as it accords to its own nationals

c. Refuses to enter into a bilateral treaty with India

d. Does not recognise Indian patent agents

 

137. Under Section 134, a national of a notified country is not entitled:

a. Only to apply for the grant of a patent

b. Only to be registered as the proprietor of a patent

c. Only to apply for a licence under a patent

d. To exercise any of the rights specified in clauses (a), (b) and (c)

 

138. Under Section 134(a), a national of a notified country is not entitled:

a. To apply for the grant of a patent or be registered as the proprietor of a patent

b. Only to be registered as a patent agent

c. Only to file a convention application

d. Only to obtain a compulsory licence

 

139. Under Section 134(b), a national of a notified country is not entitled:

a. To renew a patent

b. To be registered as the assignee of the proprietor of a patent

c. To oppose the grant of a patent

d. To surrender a patent

 

140. Under Section 134(c), a national of a notified country is not entitled:

a. To apply for a licence or hold any licence under a patent granted under the Act

b. To inspect the register of patents

c. To file a patent specification

d. To appear before the Controller

 

141. The disabilities imposed under Section 134 apply where the notified person is:

a. Only acting individually

b. Acting either solely or jointly with any other person

c. Acting only through a company

d. Acting only through a registered patent agent

 

142. Which of the following statements is correct under Section 134 of the Patents Act, 1970?

a. The Controller may notify countries that do not provide reciprocity.

b. Nationals of a notified country are prohibited only from applying for patents.

c. The restrictions apply only when a person acts alone and not jointly with others.

d. Where the Central Government notifies in the Official Gazette that a country does not accord Indian citizens reciprocal patent rights, nationals of that country are not entitled, either solely or jointly with any other person, to apply for a patent or be registered as proprietor, to be registered as an assignee, or to apply for or hold a licence under a patent granted under the Act.

 

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

a. Convention applications

b. Convention countries

c. Reciprocity

d. International applications

 

144. Under Section 135(1), the application first made in a convention country is known as:

a. Parent application

b. Original application

c. Basic application

d. Priority application

 

145. Under Section 135(1), a convention application in India must ordinarily be filed within:

a. Six months

b. Nine months

c. Twelve months from the date of the basic application

d. Eighteen months from the date of the basic application

 

146. Under Section 135(1), a convention application may be filed in India by:

a. Only the person who filed the basic application

b. The person who filed the basic application, or his legal representative or assignee

c. Only the assignee

d. Only the legal representative

 

147. Under Section 135(1), the priority date of a claim based on matter disclosed in the basic application is:

a. The date of filing the complete specification in India

b. The date of examination

c. The date of making of the basic application

d. The date of grant of the patent

 

148. According to the Explanation to Section 135(1), where applications have been made in two or more convention countries, the period of twelve months is reckoned from:

a. The latest application

b. Any application chosen by the applicant

c. The earlier or earliest application

d. The date of publication

 

149. Under Section 135(2), where applications for protection relate to cognate inventions or one invention is a modification of another:

a. Separate convention applications are compulsory

b. A single convention application may be made, subject to Section 10

c. A single application is prohibited

d. Only the Controller may combine the applications

 

150. Under the proviso to Section 135(2), the fee payable for a single convention application covering multiple inventions shall be:

a. The fee for one application only

b. Half the aggregate fee

c. The same as if separate applications had been made for each invention

d. Determined by the Controller on a case-by-case basis

 

151. Under the proviso to Section 135(2), the requirements of Section 136(1)(b) apply:

a. Collectively to all inventions

b. Separately to the applications for protection in respect of each invention

c. Only to the earliest invention

d. Only where directed by the Controller

 

152. Under Section 135(3), an application filed under the Patent Cooperation Treaty designating India and claiming priority from a previously filed application in India shall be treated:

a. As an ordinary application only

b. As if the previously filed Indian application were the basic application

c. As a divisional application

d. As a post-dated application

 

153. Under the proviso to Section 135(3), where an application is filed under the Patent Cooperation Treaty designating India and claiming priority from a previously filed application in India:

a. Requests for examination may be made for both applications

b. No request for examination is required

c. A request for examination under Section 11B shall be made only for one of the applications filed in India

d. The Controller decides which application will be examined

 

154. Which of the following statements is correct under Section 135 of the Patents Act, 1970?

a. A convention application must be filed within six months of the basic application.

b. The priority date is always the date of filing the Indian application.

c. A single convention application for cognate inventions is prohibited.

d. A convention application may be filed within twelve months of the basic application by the applicant, his legal representative or assignee; the priority date is the date of the basic application; where multiple convention applications exist the twelve-month period runs from the earliest application; a single convention application may cover cognate or modified inventions subject to Section 10 with separate fees and compliance requirements; and in the case of a PCT application designating India claiming priority from an earlier Indian application, that earlier application is treated as the basic application, with examination requested for only one Indian application.

 

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

a. Special provisions relating to convention applications

b. Convention countries

c. International applications

d. Patent of addition

 

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