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Patents Act, 1970 MCQs Set-7
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1. Under Section 136(1)(a), every convention application shall:
a. Be accompanied by a provisional specification
b. Be accompanied by a complete specification
c. Be accompanied by both provisional and complete specifications
d. Require no specification
2. Under Section 136(1)(b), every convention application shall specify:
a. Only the convention country
b. Only the date of the basic application
c. The date on which and the convention country in which the application for protection, or the first of such applications, was made
d. The date of publication only
3. Under Section 136(1)(c), every convention application shall state that:
a. The invention has been commercially worked
b. No application for protection in respect of the invention had been made in a convention country before that date by the applicant or any person from whom he derives title
c. The invention has been published in India
d. The applicant has obtained the Controller's approval
4. Under Section 136(2), a complete specification filed with a convention application may include claims relating to:
a. Only the invention disclosed in the basic application
b. Developments of, or additions to, the invention, subject to Section 10
c. Any unrelated invention
d. Only inventions already patented in India
5. Under Section 136(2), developments of or additions to the invention may be included where the applicant would be entitled under:
a. Section 5
b. Section 6
c. Section 10
d. Section 15
6. Under Section 136(3), a convention application:
a. May always be post-dated under Section 17(1)
b. Shall not be post-dated under Section 17(1) to a date later than the date on which the application could have been made under the Act
c. Cannot be amended
d. Must always be post-dated
7. Which of the following statements is correct regarding Section 136(1)?
a. A convention application may be filed without a complete specification.
b. A convention application need not disclose the convention country.
c. A convention application must be accompanied by a complete specification, specify the relevant date and convention country, and state that no earlier application for protection had been made in a convention country by the applicant or his predecessor in title.
d. A convention application must always include claims relating to developments of the invention.
8. Which of the following statements is correct under Section 136 of the Patents Act, 1970?
a. A convention application may be post-dated without restriction.
b. Claims relating to developments or additions can never be included in a convention application.
c. A convention application need only disclose the convention country.
d. Every convention application must comply with the requirements of Section 136(1); its complete specification may, subject to Section 10, include claims relating to developments of or additions to the invention where the applicant could separately apply under Section 6; and it shall not be post-dated under Section 17(1) beyond the date on which it could have been made under the Act.
9. Section 137 of the Patents Act, 1970 deals with:
a. Multiple priorities
b. Convention applications
c. Convention countries
d. International applications
10. Under Section 137(1), where two or more patent applications made in one or more convention countries relate to inventions constituting one invention:
a. Separate applications are compulsory
b. One application may be made within twelve months from the date of the earlier or earliest basic application
c. Only the earliest applicant may apply
d. The applications automatically merge
11. Under Section 137(1), the application may be made by:
a. Only the person who filed the earliest application
b. Any or all of the persons referred to in Section 135(1)
c. Only the assignee
d. Only the legal representative
12. Under Section 137(1), the single application may be made in respect of:
a. Only the earliest invention
b. The inventions disclosed in the specifications accompanying the basic applications
c. Only the invention first published
d. Any invention subsequently developed
13. Under Section 137(2), the priority date of a claim based on matters disclosed in one or more basic applications is:
a. The date of filing in India
b. The date of publication
c. The date on which that matter was first disclosed
d. The date of examination
14. Under Section 137(3), a matter is deemed to have been disclosed in a basic application if it was:
a. Claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of prior art) in the application or documents submitted in support of and at the same time as that application
b. Mentioned only in subsequent correspondence
c. Published in a journal after filing
d. Orally disclosed before filing
15. Under Section 137(3), disclosure contained in supporting documents shall be taken into account only if:
a. The Controller specifically directs
b. A copy of the document is filed at the patent office with the convention application or within the prescribed period after filing
c. The document is notarised
d. The document is published in the Official Gazette
16. Which of the following disclosures is expressly excluded from being treated as disclosure under Section 137(3)?
a. Disclosure by way of disclaimer or acknowledgment of prior art
b. Disclosure in the specification
c. Disclosure in supporting documents filed simultaneously
d. Disclosure in the basic application
17. Which of the following statements is correct under Section 137 of the Patents Act, 1970?
a. A single application based on multiple convention applications may be filed within six months.
b. The priority date is always the date of the earliest basic application irrespective of the matter claimed.
c. Supporting documents submitted with the basic application are always considered even if no copy is filed in India.
d. Where related inventions constitute one invention, a single application may be filed within twelve months from the earliest basic application; the priority date of each claim is the date on which the relevant matter was first disclosed; and supporting documents are considered only if copies are filed with the convention application or within the prescribed period.
18. Section 138 of the Patents Act, 1970 deals with:
a. Supplementary provisions as to convention applications
b. Multiple priorities
c. Convention countries
d. Patent Cooperation Treaty
19. Under Section 138(1), where required by the Controller, the applicant shall furnish:
a. Only the complete specification
b. Copies of the specifications or corresponding documents filed or deposited in the patent office of the convention country, verified to the satisfaction of the Controller
c. Only proof of payment of fees
d. Only the priority document
20. Under Section 138(1), the copies of specifications or corresponding documents shall be furnished:
a. Within one month of filing the application
b. Within the prescribed period from the date of communication by the Controller
c. Before publication
d. Before grant of the patent
21. Under Section 138(2), where a specification or other document is in a foreign language:
a. No translation is required
b. A translation into English verified by affidavit or otherwise to the satisfaction of the Controller shall be furnished when required by the Controller
c. Translation into Hindi is mandatory
d. Only a self-certified translation is sufficient
22. Under Section 138(3), the date on which an application was made in a convention country is determined:
a. Only from the applicant's declaration
b. To the satisfaction of the Controller by the certificate of the official chief or head of the patent office of the convention country or otherwise
c. By the Central Government
d. By the High Court
23. Under Section 138(4), an international application filed under the Patent Cooperation Treaty designating India shall have the effect of:
a. Filing an application only under Section 7
b. Filing an application under Section 7, Section 54 or Section 135, as the case may be
c. Filing only a provisional specification
d. Grant of a patent
24. Under Section 138(4), the title, description, claims, abstract and drawings, if any, filed in the international application shall be treated as:
a. A provisional specification
b. A complete specification for the purposes of the Act
c. A patent of addition
d. Prior art only
25. Under Section 138(5), the filing date of an application processed by the patent office as the designated office shall be:
a. The date of national phase entry
b. The date of publication
c. The international filing date accorded under the Patent Cooperation Treaty
d. The date of examination
26. Under Section 138(6), amendments proposed before the International Searching Authority or the International Preliminary Examining Authority:
a. Shall be ignored by the patent office
b. Shall, if the applicant so desires, be treated as amendments made before the patent office
c. Require fresh filing in India
d. Are valid only after grant
27. Which of the following statements is correct under Section 138 of the Patents Act, 1970?
a. The Controller cannot require copies of foreign specifications or corresponding documents.
b. An international application designating India has no effect under the Patents Act until a fresh complete specification is filed.
c. The filing date of a PCT application processed in India is the date of national phase entry.
d. The applicant must furnish verified copies of foreign specifications or corresponding documents when required by the Controller, provide verified English translations where necessary, the Controller determines the convention filing date on satisfactory proof, a PCT application designating India has the effect of an application under Sections 7, 54 or 135 as applicable, its international filing date is the filing date, and eligible PCT amendments may, at the applicant's option, be treated as amendments before the patent office.
28. Section 139 of the Patents Act, 1970 deals with:
a. Other provisions of the Act to apply to convention applications
b. Convention countries
c. Supplementary provisions as to convention applications
d. Multiple priorities
29. Under Section 139, unless otherwise provided in Chapter XXII:
a. Convention applications are governed exclusively by Chapter XXII
b. Only procedural provisions of the Act apply to convention applications
c. All the provisions of the Act apply to convention applications and patents granted thereon as they apply to ordinary applications and patents granted thereon
d. Convention applications are exempt from the provisions of the Act
30. Section 139 applies to:
a. Only convention applications
b. Only patents granted pursuant to convention applications
c. Both convention applications and patents granted in pursuance thereof
d. Only international applications under the Patent Cooperation Treaty
31. Which of the following statements is correct under Section 139 of the Patents Act, 1970?
a. Convention applications are governed only by the provisions contained in Chapter XXII.
b. The provisions of the Act applicable to ordinary applications do not apply to convention applications.
c. Patents granted pursuant to convention applications are governed by a separate statutory regime.
d. Save as otherwise provided in Chapter XXII, all the provisions of the Patents Act apply to a convention application and to a patent granted in pursuance thereof in the same manner as they apply to an ordinary application and a patent granted in pursuance thereof.
32. Section 140 of the Patents Act, 1970 deals with:
a. Avoidance of certain restrictive conditions
b. Convention applications
c. Compulsory licences
d. Patent of addition
33. Under Section 140(1), it is not lawful to insert restrictive conditions in:
a. Contracts for sale or lease of patented articles or articles made by a patented process
b. Licences to manufacture or use a patented article
c. Licences to work a patented process
d. All of the above
34. Under Section 140(1)(a), a condition requiring the purchaser, lessee or licensee to acquire non-patented articles only from the vendor, lessor or licensor:
a. Is valid
b. Is void
c. Is valid only with the Controller's approval
d. Is enforceable if agreed in writing
35. Under Section 140(1)(b), a condition prohibiting or restricting the use of an article other than the patented article, which is not supplied by the vendor, lessor, licensor or nominee:
a. Is lawful
b. Is void
c. Is enforceable only for five years
d. Is valid if consideration is paid
36. Under Section 140(1)(c), a condition prohibiting or restricting the use of any process other than the patented process:
a. Is valid
b. Is void
c. Is enforceable after registration
d. Is binding only on licensees
37. Under Section 140(1)(d), which of the following restrictive conditions is unlawful?
a. Exclusive grant back
b. Prevention of challenges to the validity of the patent
c. Coercive package licensing
d. All of the above
38. Under Section 140(2), a restrictive condition does not cease to be unlawful merely because:
a. It is approved by the Controller
b. It is contained in a separate agreement entered into before or after the principal contract
c. The parties consent to it
d. The agreement is registered
39. Under Section 140(3), in infringement proceedings it is a defence to prove that:
a. The patent has expired
b. At the time of the infringement there was in force a contract relating to the patent containing a condition declared unlawful under Section 140
c. The defendant was unaware of the patent
d. The patent was not commercially worked
40. The proviso to Section 140(3) provides that the above defence is unavailable where:
a. The plaintiff proves that the patent is valid
b. The plaintiff, not being a party to the contract, proves that the restrictive condition was inserted without his knowledge and consent, express or implied
c. The defendant acted negligently
d. The contract was oral
41. Under Section 140(4)(a), nothing in Section 140 affects:
a. A condition prohibiting a person from selling goods other than those of a particular person
b. Exclusive grant back clauses
c. Prevention of patent validity challenges
d. Coercive package licensing
42. Under Section 140(4)(b), Section 140 does not:
a. Validate a contract which would otherwise be invalid
b. Affect compulsory licences
c. Restrict infringement actions
d. Permit post-dating of applications
43. Under Section 140(4)(c), Section 140 does not affect a condition whereby:
a. The lessor or licensor reserves the right to supply new parts of the patented article or to put or keep it in repair
b. The purchaser is prohibited from challenging the patent
c. The licensee must purchase all goods exclusively from the licensor
d. The licensee is prohibited from using competing products
44. Which of the following statements is correct under Section 140 of the Patents Act, 1970?
a. Restrictive conditions requiring exclusive purchase of non-patented articles are valid if contained in a separate agreement.
b. Exclusive grant back clauses are expressly recognised as lawful.
c. Every contract containing a restrictive condition is void in its entirety.
d. Section 140 declares specified restrictive conditions in contracts relating to patented articles or processes to be void, including tying arrangements, restrictions on use of non-patented articles or processes, exclusive grant back, prevention of patent validity challenges and coercive package licensing; such conditions remain unlawful even if contained in a separate agreement, may constitute a defence in infringement proceedings subject to the statutory proviso, and the section preserves the exceptions contained in sub-section (4).
45. Section 141 of the Patents Act, 1970 deals with:
a. Determination of certain contracts
b. Avoidance of restrictive conditions
c. Convention applications
d. Patent revocation
46. Under Section 141(1), which of the following contracts may be determined?
a. A contract for the sale or lease of a patented article
b. A licence to manufacture, use or work a patented article or process
c. A contract relating to such sale, lease or licence
d. All of the above
47. Under Section 141(1), the purchaser, lessee or licensee may determine the contract:
a. Immediately after execution of the contract
b. At any time after the patent or all patents protecting the article or process at the time of the contract have ceased to be in force
c. Only after obtaining the Controller's permission
d. Only after expiry of one year from the grant of the patent
48. Under Section 141(1), determination of the contract may be made:
a. Only if the contract expressly permits it
b. Notwithstanding anything to the contrary contained in the contract or any other contract
c. Only with the consent of both parties
d. Only by an order of the court
49. Under Section 141(1), the purchaser, lessee or licensee shall give:
a. Thirty days' oral notice
b. Sixty days' written notice
c. Three months' notice in writing to the other party
d. Six months' written notice to the Controller
50. Under Section 141(2), the provisions of this section are:
a. The exclusive method of determining such contracts
b. Without prejudice to any right of determining a contract exercisable apart from this section
c. Subject to approval by the Controller
d. Applicable only to licence agreements
51. Which of the following statements is correct under Section 141 of the Patents Act, 1970?
a. A contract relating to a patented article can never be terminated before its stated expiry.
b. A contract may be terminated only if both parties consent.
c. The right under Section 141 extinguishes all other contractual or legal rights of termination.
d. A purchaser, lessee or licensee may, notwithstanding anything to the contrary in the contract or any other contract, determine the contract by giving three months' written notice after the relevant patent or all patents protecting the article or process have ceased to be in force, and this right is without prejudice to any other right of determination.
52. Section 142 of the Patents Act, 1970 deals with:
a. Fees
b. Patent register
c. Patent office
d. Patent renewal
53. Under Section 142(1), fees in respect of the grant of patents, applications therefor and other matters relating to the grant of patents shall be:
a. Fixed by the Controller
b. Prescribed by the Central Government
c. Determined by the High Court
d. Fixed by the applicant
54. Under Section 142(2), where a fee is payable in respect of the doing of an act by the Controller:
a. The Controller may perform the act before payment of the fee
b. The Controller shall not do the act until the fee has been paid
c. The fee may be paid after completion of the act
d. Payment of the fee is optional
55. Under Section 142(3), where a fee is payable for filing a document at the patent office:
a. The fee may be paid at any time before grant
b. The fee shall be paid along with the document or within the prescribed time
c. The fee is payable only after examination
d. No fee is required for filing documents
56. Under Section 142(3), if the prescribed fee is not paid within the prescribed time:
a. The document is returned to the applicant
b. The document is deemed not to have been filed at the patent office
c. The application is automatically granted
d. Only a penalty is imposed
57. Under Section 142(4), where a principal patent is granted later than two years from the date of filing of the application, the fees that became due in the meantime:
a. Stand permanently waived
b. Must be paid within one month
c. May be paid within three months from the date of recording of the patent in the register or within the extended period not later than nine months from the date of recording
d. Must be paid before grant
58. Which of the following statements is correct under Section 142 of the Patents Act, 1970?
a. The Controller may perform an act before payment of the prescribed fee.
b. A document is validly filed even if the prescribed fee is never paid.
c. Fees relating to patents are prescribed by the High Court.
d. Fees relating to patents and related matters are prescribed by the Central Government; the Controller shall not perform an act requiring payment until the fee is paid; a document is deemed not to have been filed if the prescribed filing fee is not paid within time; and where the principal patent is granted more than two years after filing, intervening fees may be paid within three months from recording of the patent or within the extended period not later than nine months from such recording.
59. Section 143 of the Patents Act, 1970 deals with:
a. Restrictions upon publication of specification
b. Publication of official journal
c. Confidentiality of examiner's reports
d. Public inspection of patents
60. Under Section 143, subject to Chapter VII, an application for a patent and any specification filed in pursuance thereof shall not be published by the Controller:
a. Under any circumstances
b. Except with the consent of the applicant, before the expiry of the period prescribed under Section 11A(1) or before it is open to public inspection under Section 11A(3) or Section 43
c. Until the patent is granted
d. Before examination is completed
61. Which of the following statements is correct under Section 143 of the Patents Act, 1970?
a. The Controller may freely publish every patent application immediately after filing.
b. The Controller may publish the application only after grant of the patent.
c. Subject to Chapter VII, the Controller shall not publish a patent application or its specification before the prescribed period without the applicant's consent or before it is open to public inspection under Sections 11A(3) or 43.
d. Publication always requires prior approval of the Central Government.
62. Section 144 of the Patents Act, 1970 deals with:
a. Reports of Examiners to be confidential
b. Publication of official journal
c. Confidential patents
d. Patent secrecy directions
63. Under Section 144, the reports of Examiners to the Controller:
a. Shall be open to public inspection
b. Shall be published in the Official Journal
c. Shall not be open to public inspection or published by the Controller
d. Shall be supplied to every applicant on demand
64. Under Section 144, reports of Examiners may be produced or inspected in legal proceedings only when:
a. The Controller grants permission
b. The Central Government approves
c. The court certifies that such production or inspection is desirable in the interests of justice and ought to be allowed
d. Both parties consent
65. Which of the following statements is correct under Section 144 of the Patents Act, 1970?
a. Examiner's reports are public documents.
b. Examiner's reports may always be produced in court proceedings.
c. Examiner's reports are confidential, are not open to public inspection or publication, and may be produced or inspected in legal proceedings only if the court certifies that it is desirable in the interests of justice.
d. Examiner's reports become public after grant of the patent.
66. Section 145 of the Patents Act, 1970 deals with:
a. Publication of official journal
b. Patent register
c. Patent agents
d. Patent office records
67. Under Section 145, the Controller shall:
a. Publish an official journal only when directed by the Central Government
b. Publish periodically an official journal containing such information as is required to be published by or under the Act or the rules
c. Publish only granted patents
d. Publish the examiner's reports in the official journal
68. Which of the following statements is correct under Sections 143 to 145 of the Patents Act, 1970?
a. Patent applications may be freely published immediately after filing, examiner's reports are public documents, and publication of an official journal is discretionary.
b. Examiner's reports are confidential, but the Controller is prohibited from publishing an official journal.
c. The Controller may publish applications without the applicant's consent before the prescribed period under Section 11A.
d. Subject to Chapter VII, patent applications and specifications are protected against premature publication except as permitted by Section 143, examiner's reports remain confidential except where a court certifies production or inspection in the interests of justice, and the Controller shall periodically publish an official journal containing information required under the Act or the rules.
69. Section 146 of the Patents Act, 1970 deals with:
a. Power of Controller to call for information from patentees
b. Publication of official journal
c. Patent register
d. Patent revocation
70. Under Section 146(1), the Controller may require a patentee or licensee to furnish:
a. Only annual financial statements
b. Information or periodical statements regarding the extent to which the patented invention has been commercially worked in India
c. Only copies of licence agreements
d. Only details of royalty payments
71. Under Section 146(1), the Controller may require such information:
a. Only after the expiry of the patent
b. At any time during the continuance of the patent
c. Only before grant of the patent
d. Only during opposition proceedings
72. Under Section 146(1), the required information shall ordinarily be furnished:
a. Within one month from the notice
b. Within two months from the date of the notice or within such further time as the Controller may allow
c. Within six months from the notice
d. Before the next renewal fee becomes due
73. Under Section 146(1), the Controller may require information from:
a. Only the patentee
b. Only an exclusive licensee
c. The patentee or any licensee, whether exclusive or otherwise
d. Only the assignee
74. Under Section 146(2), every patentee and every licensee shall furnish statements regarding:
a. The validity of the patent
b. The extent to which the patented invention has been worked on a commercial scale in India
c. Annual profits earned from the patent
d. Foreign patent applications
75. Under Section 146(2), the prescribed intervals for furnishing such statements shall be:
a. Every month
b. Every three months
c. Not being less than six months
d. Once every five years
76. Under Section 146(2), the statements shall be furnished:
a. In such manner and form and at such intervals as may be prescribed
b. Only in electronic form
c. Only when directed by the Central Government
d. Only after grant of a compulsory licence
77. Under Section 146(3), the Controller may:
a. Keep all information permanently confidential
b. Publish the information received under sub-sections (1) and (2) in the prescribed manner
c. Publish only information received from patentees
d. Publish the information only with the consent of the patentee
78. Which of the following statements is correct under Section 146 of the Patents Act, 1970?
a. Only patentees are required to furnish information regarding commercial working of the invention.
b. The Controller can seek such information only once during the term of the patent.
c. Statements regarding commercial working must be furnished every month.
d. During the continuance of the patent, the Controller may require a patentee or any licensee to furnish information or periodical statements regarding commercial working of the patented invention in India within two months or such extended time as allowed; every patentee and every licensee must also furnish prescribed statements at intervals not being less than six months; and the Controller may publish such information in the prescribed manner.
79. Section 147 of the Patents Act, 1970 deals with:
a. Evidence of entries, documents, etc.
b. Power of Controller to call for information
c. Patent register
d. Official journal
80. Under Section 147(1), a certificate purporting to be signed by the Controller shall be:
a. Conclusive evidence
b. Prima facie evidence of the entry, its contents, and the matter or thing having been done or omitted to be done
c. Secondary evidence only
d. Admissible only after examination of the Controller
81. Under Section 147(1), the Controller's certificate may relate to:
a. Only entries in the patent register
b. Any entry, matter or thing which he is authorised by the Act or the rules to make or do
c. Only patents granted
d. Only renewals of patents
82. Under Section 147(2), a certified copy of an entry, document, patent or extract sealed with the seal of the patent office:
a. Is admissible only in civil courts
b. Is admissible in evidence in all courts and proceedings without further proof or production of the original
c. Requires oral evidence of the Controller
d. Is admissible only if notarised
83. Under Section 147(2), the certified copy or extract must:
a. Be signed by the Central Government
b. Be certified by the Controller and sealed with the seal of the patent office
c. Be attested by two witnesses
d. Be countersigned by the Registrar
84. Under Section 147(3), the Controller or any other officer of the patent office shall not, in legal proceedings to which he is not a party, be compellable:
a. To produce the register or other documents whose contents can be proved by certified copies
b. To produce every original patent document whenever demanded
c. To certify every document personally in court
d. To appear in every patent dispute
85. Under Section 147(3), the Controller or any other officer of the patent office may be required to produce original records or appear as a witness only:
a. With the consent of the parties
b. By order of the Central Government
c. By order of the court made for special causes
d. Whenever requested by the plaintiff
86. Which of the following statements is correct under Section 147 of the Patents Act, 1970?
a. Certified copies issued by the Controller require production of the original document before they are admissible.
b. The Controller is always bound to appear as a witness whenever summoned.
c. The Controller's certificate is merely an administrative record having no evidentiary value.
d. A certificate signed by the Controller is prima facie evidence of the relevant entry or act; certified copies or extracts sealed with the patent office seal are admissible in all courts and proceedings without further proof or production of the original; and the Controller or other patent office officers cannot ordinarily be compelled to produce original records or testify unless the court orders so for special causes.
87. Section 148 of the Patents Act, 1970 deals with:
a. Declaration by infant, lunatic, etc.
b. Service of notices by post
c. Security for costs
d. Patent agents
88. Under Section 148(1), where a person is incapable by reason of minority, lunacy or other disability of making a statement or doing anything under the Act:
a. The Controller shall act on his behalf
b. His lawful guardian, committee or manager, or in their absence a person appointed by the court, may act in his name and on his behalf
c. No action can be taken until the disability ceases
d. Only the Central Government may act
89. Under Section 148(1), where there is no lawful guardian, committee or manager:
a. The Controller appoints a representative
b. Any person appointed by a court having jurisdiction over the disabled person's property may act
c. The nearest relative automatically acts
d. The patent application stands rejected
90. Under Section 148(1), the authorised representative may:
a. Only make statements
b. Only sign applications
c. Make the required statement or a corresponding statement as circumstances permit and do such acts in the name and on behalf of the person under disability
d. Transfer the patent without authority
91. Under Section 148(2), an appointment for the purposes of Section 148 may be made by the court:
a. Only on the application of the Controller
b. Upon the petition of any person acting on behalf of the disabled person or any other interested person
c. Only on the request of the Central Government
d. Only by the High Court
92. Section 149 of the Patents Act, 1970 deals with:
a. Service of notices, etc. by post
b. Electronic filing
c. Delivery of patents
d. Publication of notices
93. Under Section 149, any notice, application or other document authorised or required under the Act:
a. Must be delivered personally
b. May be given, made or filed by post
c. Must be filed electronically only
d. Must be sent through a patent agent
94. Section 150 of the Patents Act, 1970 deals with:
a. Security for costs
b. Costs of litigation
c. Award of compensation
d. Security for patents
95. Under Section 150, the Controller may require security for costs where the party giving notice of opposition or applying for a licence:
a. Is below eighteen years of age
b. Neither resides nor carries on business in India
c. Has not paid renewal fees
d. Is a foreign government
96. Under Section 150, if the required security for costs is not furnished:
a. The patent is automatically revoked
b. The Controller may treat the opposition or application as abandoned
c. A monetary penalty alone is imposed
d. The matter must be referred to the High Court
97. Which of the following statements is correct under Sections 148 to 150 of the Patents Act, 1970?
a. A person under disability cannot act through a representative; notices must be served personally; and security for costs can never be demanded.
b. Only a lawful guardian may act for a person under disability, notices cannot be sent by post, and foreign applicants are exempt from furnishing security.
c. Court appointment under Section 148 is available only on the Controller's application.
d. A lawful guardian, committee, manager or, where none exists, a court-appointed person may act on behalf of a person under disability; notices, applications and other documents under the Act may be given, made or filed by post; and the Controller may require security for costs from a person giving notice of opposition or applying for a licence who neither resides nor carries on business in India, failing which the opposition or application may be treated as abandoned.
98. Section 151 of the Patents Act, 1970 deals with:
a. Transmission of orders of courts to Controller
b. Security for costs
c. Service of notices by post
d. Patent revocation
99. Under Section 151(1), every order of the High Court on a petition for revocation, including an order granting a certificate of validity of any claim, shall be:
a. Sent to the Central Government
b. Transmitted by the High Court to the Controller
c. Published in the Official Gazette
d. Forwarded to the patent agent
100. Under Section 151(1), on receipt of the High Court's order, the Controller shall:
a. Grant a fresh patent
b. Cause an entry thereof and a reference thereto to be made in the register
c. Cancel all related patents
d. Publish the order in newspapers
101. Under Section 151(2), where the validity of any claim or specification is contested and decided in a suit for infringement of a patent or a suit under Section 106:
a. The judgment has no effect on patent records
b. The court shall transmit a copy of its judgment and decree to the Controller
c. The parties alone must inform the Controller
d. Only the decree is transmitted
102. Under Section 151(2), upon receipt of the judgment and decree, the Controller shall:
a. Revoke the patent automatically
b. Cause an entry relating to such proceeding to be made in the prescribed manner in a supplemental record
c. Publish the judgment in the Official Journal
d. Issue a fresh certificate of validity
103. Under Section 151(2), the court shall transmit to the Controller:
a. Only the judgment
b. Only the decree
c. A copy of its judgment and decree
d. Only the certificate of validity
104. Under Section 151(3), the provisions of sub-sections (1) and (2) also apply to:
a. Only the Controller
b. Only subordinate courts
c. The court to which appeals are preferred against the decisions of the courts referred to in those sub-sections
d. Only the Supreme Court
105. Which of the following statements is correct under Section 151 of the Patents Act, 1970?
a. Orders passed in revocation proceedings are communicated to the Controller only on the request of the parties.
b. The Controller is not required to maintain any record of judgments relating to patent validity.
c. Only trial courts are required to communicate judgments under the Act.
d. Every order of the High Court on a petition for revocation, including an order granting a certificate of validity, shall be transmitted to the Controller for entry in the register; where validity is decided in an infringement suit or a suit under Section 106, the court shall transmit its judgment and decree to the Controller for entry in the supplemental record; and these provisions also apply to appellate courts.
106. Section 152 of the Patents Act, 1970:
a. Deals with transmission of copies of specification
b. Deals with inspection of patents
c. Has been omitted by the Patents (Amendment) Act, 2005 with effect from 1-1-2005
d. Deals with certified copies
107. Which of the following statements is correct regarding Section 152 of the Patents Act, 1970?
a. It continues to regulate inspection of specifications.
b. It was substituted by Section 153.
c. It has been omitted by the Patents (Amendment) Act, 2005 with effect from 1-1-2005.
d. It governs certified copies of patent documents.
108. Section 153 of the Patents Act, 1970 deals with:
a. Information relating to patents
b. Inspection of patent office
c. Confidential reports
d. Patent agents
109. Under Section 153, a person requesting information relating to a patent or a patent application shall make the request:
a. Orally before the Controller
b. In the prescribed manner
c. Only through a patent agent
d. Before the High Court
110. Under Section 153, information may be sought in respect of:
a. Only granted patents
b. Only patent applications
c. Any prescribed matter relating to a specified patent or a specified patent application
d. Only abandoned applications
111. Under Section 153, the right to receive information is:
a. Absolute and free of cost
b. Subject only to the Controller's discretion
c. Subject to payment of the prescribed fee
d. Available only to patentees
112. Which of the following statements is correct under Sections 152 and 153 of the Patents Act, 1970?
a. Section 152 continues to regulate transmission of copies of specifications, while Section 153 applies only to granted patents.
b. Information under Section 153 is supplied without any prescribed procedure or fee.
c. Only patentees may seek information under Section 153.
d. Section 152 has been omitted by the Patents (Amendment) Act, 2005 with effect from 1-1-2005, and under Section 153 any person may, in the prescribed manner and on payment of the prescribed fee, obtain prescribed information relating to a specified patent or patent application.
113. Section 154 of the Patents Act, 1970 deals with:
a. Loss or destruction of patents
b. Duplicate patents
c. Certified copies
d. Patent register
114. Under Section 154, where a patent is lost or destroyed or its non-production is accounted for to the satisfaction of the Controller:
a. A fresh patent must be granted
b. The Controller may cause a duplicate patent to be sealed and delivered to the applicant
c. The patent automatically stands revoked
d. Only a certified copy may be issued
115. Under Section 154, a duplicate patent may be issued:
a. Without any application or fee
b. On an application made in the prescribed manner and on payment of the prescribed fee
c. Only by order of the High Court
d. Only after publication in the Official Journal
116. Which of the following statements is correct under Section 154 of the Patents Act, 1970?
a. A duplicate patent can never be issued.
b. A duplicate patent may be issued only if the original patent has expired.
c. The Controller may issue a duplicate patent where the patent is lost, destroyed, or its non-production is satisfactorily explained, upon a prescribed application and payment of the prescribed fee.
d. Only the Central Government may issue a duplicate patent.
117. Section 155 of the Patents Act, 1970 deals with:
a. Reports of Controller to be placed before Parliament
b. Annual report of the Patent Office
c. Government patents
d. Parliamentary control over patents
118. Under Section 155, the Central Government shall cause to be placed before both Houses of Parliament:
a. Every patent granted during the year
b. Once a year, a report respecting the execution of the Act by or under the Controller
c. Quarterly reports of patent applications
d. Reports of Examiners
119. Section 156 of the Patents Act, 1970 deals with:
a. Patent to bind Government
b. Government use of inventions
c. Crown use
d. Revocation by Government
120. Under Section 156, subject to the other provisions of the Act, a patent shall:
a. Not bind the Government
b. Have the same effect against the Government as against any other person
c. Bind only State Governments
d. Apply only to private individuals
121. Section 157 of the Patents Act, 1970 deals with:
a. Right of Government to sell or use forfeited articles
b. Government acquisition of patents
c. Government licences
d. Patent assignment
122. Under Section 157, nothing in the Patents Act affects:
a. The Government's power to revoke patents
b. The power of the Government or any person deriving title directly or indirectly from the Government to sell or use articles forfeited under any law in force
c. The Controller's power to seize infringing goods
d. The Government's right to assign patents
123. Which of the following statements is correct under Sections 154 to 157 of the Patents Act, 1970?
a. A duplicate patent may be issued without any application; the Controller submits reports directly to Parliament; patents do not bind the Government; and the Government cannot use forfeited articles.
b. Only the High Court may issue duplicate patents, and patents are unenforceable against the Government.
c. The Controller is required to place annual reports before Parliament, and Section 157 repeals all powers relating to forfeited articles.
d. The Controller may issue a duplicate patent where the original is lost, destroyed or its non-production is satisfactorily explained upon a prescribed application and fee; the Central Government shall annually place before both Houses of Parliament a report on the execution of the Act by or under the Controller; subject to the Act, patents bind the Government as they bind any other person; and nothing in the Act affects the Government's power, or that of persons deriving title from it, to sell or use articles forfeited under any law.
124. Section 157A of the Patents Act, 1970 deals with:
a. Protection of security of India
b. Government use of patents
c. Secrecy directions
d. Revocation of patents
125. Under Section 157A(a), the Central Government shall not disclose:
a. Any granted patent
b. Any information relating to a patentable invention or a patent application which it considers prejudicial to the interest of the security of India
c. Only the names of patentees
d. Only foreign patent applications
126. Under Section 157A(b), in the interest of the security of India, the Central Government may:
a. Only refuse to publish a patent
b. Take any action, including the revocation of any patent, by notification in the Official Gazette
c. Amend any patent without notice
d. Transfer every patent to the Government
127. Under the Explanation to Section 157A, "security of India" includes action relating to:
a. Fissionable materials or materials from which they are derived
b. Traffic in arms, ammunition and implements of war and related military supplies
c. Action taken in time of war or other emergency in international relations
d. All of the above
128. Which of the following is NOT specifically included in the expression "security of India" under the Explanation to Section 157A?
a. Fissionable materials
b. Traffic in arms and ammunition
c. Action taken during war or international emergency
d. Commercial disputes between private patentees
129. Under Section 157A, the Central Government may revoke a patent:
a. Only by order of the High Court
b. By issuing a notification in the Official Gazette if it considers such action necessary in the interest of the security of India
c. Only after obtaining the Controller's consent
d. Only where the patent has not been commercially worked
130. Which of the following statements is correct under Section 157A of the Patents Act, 1970?
a. The Central Government is bound to disclose all information relating to patent applications.
b. Patent revocation under Section 157A requires a civil court decree.
c. The expression "security of India" is confined only to wartime military operations.
d. Notwithstanding anything contained in the Act, the Central Government may withhold disclosure of information relating to patentable inventions or patent applications where it considers such disclosure prejudicial to the security of India, and may take any action, including revocation of a patent by notification in the Official Gazette, with "security of India" including the matters specified in the Explanation.
131. Section 158 of the Patents Act, 1970 deals with:
a. Power of High Courts to make rules
b. Powers of the Controller
c. Rule-making power of the Central Government
d. Patent Office procedure
132. Under Section 158, the High Court may make rules:
a. Inconsistent with the Act if necessary
b. Consistent with the Act regarding the conduct and procedure of all proceedings before it under the Act
c. Only with the approval of the Central Government
d. Only regarding patent fees
133. Which of the following statements is correct under Sections 157A and 158 of the Patents Act, 1970?
a. The Central Government may revoke patents only through the High Court, and High Courts cannot frame procedural rules under the Act.
b. Security of India under Section 157A includes only matters relating to nuclear materials.
c. High Courts may frame rules even if inconsistent with the Patents Act.
d. Notwithstanding the Act, the Central Government may withhold disclosure of information and take any action, including revocation of patents, in the interest of the security of India by notification in the Official Gazette, with "security of India" including the matters specified in the Explanation, and the High Court may make rules consistent with the Act governing the conduct and procedure of proceedings before it under the Act.
134. Section 159 of the Patents Act, 1970 deals with:
a. Power of Central Government to make rules
b. Power of High Courts to make rules
c. Patent Office regulations
d. Powers of the Controller
135. Under Section 159(1), the Central Government may make rules:
a. By executive order
b. By notification in the Official Gazette
c. By circular issued by the Controller
d. By order of the High Court
136. Under Section 159(1), rules may be made:
a. Only regarding patent fees
b. For carrying out the purposes of the Patents Act
c. Only for patent applications
d. Only for proceedings before the High Court
137. Under Section 159(2)(i), the Central Government may make rules regarding:
a. The form and manner of filing patent applications, specifications, drawings and other applications or documents in the patent office
b. Grant of compulsory licences
c. Revocation of patents
d. Appointment of judges
138. Under Section 159(2)(ia), the Central Government may prescribe:
a. The period the Controller may allow for filing statements and undertakings under Section 8(1), the period for filing details relating to processing of applications, and the details to be furnished under Section 8(2)
b. The term of every patent
c. The qualifications of patent agents
d. The jurisdiction of High Courts
139. Under Section 159(2)(ib), rules may prescribe:
a. The period within which a reference to the deposit of materials shall be made in the specification under Section 10(4) proviso
b. The life of deposited biological material
c. The place where biological material is to be deposited
d. The renewal period of patents
140. Under Section 159(2)(ic), the Central Government may prescribe:
a. The period for which a patent application shall not be open to the public under Section 11A(1) and the manner of requesting early publication under Section 11A(2)
b. The validity period of patents
c. The period for filing infringement suits
d. The duration of compulsory licences
141. Which of the following statements is correct under the provisions extracted from Section 159 of the Patents Act, 1970?
a. The Central Government can make rules only regarding patent fees.
b. Rules under Section 159 are made by the Controller through administrative instructions.
c. The Central Government has only a general rule-making power and no specific rule-making powers.
d. The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act, including rules regarding the form and manner of filing applications and documents, matters relating to statements and undertakings under Section 8, references to deposits of materials under Section 10, and the period of confidentiality and early publication of applications under Section 11A.
142. Section 160 of the Patents Act, 1970 deals with:
a. Rules to be placed before Parliament
b. Rule-making power of the Central Government
c. Repeal and savings
d. Power of High Courts to make rules
143. Under Section 160, every rule made under the Patents Act shall be laid before:
a. The High Court
b. The Controller
c. Each House of Parliament
d. The President of India
144. Under Section 160, every rule shall be laid before each House of Parliament for a total period of:
a. Fifteen days
b. Thirty days
c. Sixty days
d. Ninety days
145. Under Section 160, the total period of thirty days may be comprised:
a. Only in one session
b. Only in two successive sessions
c. In one session or in two or more successive sessions
d. Only in three successive sessions
146. Under Section 160, if both Houses agree to modify a rule or agree that the rule should not be made:
a. The rule becomes void from its inception
b. The rule thereafter has effect only in the modified form or ceases to have effect, as the case may be
c. The Controller alone decides whether the rule survives
d. The modification requires Presidential assent
147. Under Section 160, any modification or annulment of a rule:
a. Invalidates everything previously done under the rule
b. Is without prejudice to the validity of anything previously done under that rule
c. Takes retrospective effect in all cases
d. Applies only to future patent applications
148. Section 161 of the Patents Act, 1970:
a. Deals with deemed refusal of applications
b. Has been omitted by the Patents (Amendment) Act, 2002 with effect from 20-5-2003
c. Deals with transitional provisions
d. Deals with repeal of the 1911 Act
149. Which of the following statements is correct regarding Section 161 of the Patents Act, 1970?
a. It continues to govern applications deemed to have been refused under the 1911 Act.
b. It was substituted by the Patents (Amendment) Act, 2005.
c. It has been omitted by the Patents (Amendment) Act, 2002 with effect from 20-5-2003.
d. It regulates pending revocation proceedings.
150. Section 162 of the Patents Act, 1970 primarily deals with:
a. Repeal of the Indian Patents and Designs Act, 1911, in so far as it relates to patents, and savings
b. Patent revocation
c. Patent renewal
d. Rule-making powers
151. Under Section 162(1), which Act is repealed in so far as it relates to patents?
a. The Patents Act, 1952
b. The Indian Patents and Designs Act, 1911
c. The Designs Act, 2000
d. The Trade Marks Act, 1999
152. Under Section 162(4), the mention of particular matters in Section 162:
a. Excludes the application of the General Clauses Act, 1897
b. Prejudices the application of the General Clauses Act, 1897
c. Does not prejudice the general application of the General Clauses Act, 1897 with respect to repeals
d. Repeals the General Clauses Act, 1897
153. Under Section 162(5), any suit for infringement of a patent or proceeding for revocation pending at the commencement of the Patents Act:
a. Shall abate immediately
b. Shall be transferred to the Controller
c. May be continued and disposed of as if the Patents Act had not been passed
d. Must be refiled under the Patents Act, 1970
154. Section 163 of the Patents Act, 1970:
a. Deals with amendment of Act 43 of 1958
b. Continues to be in force
c. Has been omitted by the Patents (Amendment) Act, 2005 with effect from 1-1-2005
d. Deals with repeal of the 1911 Act
155. Which of the following statements is correct under Sections 160 to 163 of the Patents Act, 1970?
a. Rules made under the Act are not required to be placed before Parliament; Section 161 remains in force; and pending infringement suits automatically abate.
b. The Indian Patents and Designs Act, 1911 was repealed without any saving provision.
c. Section 163 continues to amend Act 43 of 1958.
d. Every rule made under the Act must be laid before each House of Parliament for a total of thirty days and may thereafter be modified or annulled without affecting prior actions; Section 161 has been omitted by the Patents (Amendment) Act, 2002; Section 162 repeals the Indian Patents and Designs Act, 1911 in so far as it relates to patents while preserving specified savings, including continuation of pending infringement and revocation proceedings; and Section 163 has been omitted by the Patents (Amendment) Act, 2005.