Patent Law Basics for Students
Uploaded by
Arnav LekharaPatent Law Basics for Students
Uploaded by
Arnav Lekhara1 mark questions, Patent law
1. What do you understand by 'Patent"?
A patent is an exclusive right granted for an invention that is new, involves inventive step and
is capable of industrial application. Section 2(1 )(m) of the Indian Patent Act, 1 9 7 0 defines
patent as: " patent" means a patent for any invention granted under this Act.
2. Explain the TRIP's agreement.
The TRIPS Agreement is a minimum standards agreement, which allows Members to
provide more extensive protection of intellectual property if they so wish. It is also described
as a “Berne and Paris-plus”Agreement.
TRIPS came into force in 1995, as part of the agreement that established the World
Trade Organisation (WTO).
TRIPS establishes minimum standards for the availability, scope, and use of seven forms
of intellectual property namely, trademarks, copyrights, geographical indications, patents,
industrial designs, layout designs for integrated circuits, and undisclosed information or
trade secrets.
It applies basic international trade principles regarding intellectual property to member
states. It is applicable to all WTO members.
3. What do you mean by 'Patent office"?
Section 2(r) "patent office" means the patent office referred to in section 74;
section 74-
(1) For the purposes of this Act, there shall be an office which shall be known as the
patent office.
(2) The Central Government may, by notification in the Official Gazette, specify the name
of the Patent Office.
4. Explain the term 'WIPO'.
The World Intellectual Property Organization (WIPO) is an international organization
dedicated to promoting the use and protection of works of the human spirit.
5. Explain the 'Subject Matter' of Patent.
Under this law, patent rights are granted for inventions covering a new and inventive
process, product or an article of manufacture that are able to satisfy the patent eligibility
requirements of having novelty, inventive steps, and are capable of industrial application.
6. Discuss the time period of valid patent.
The term of every patent granted is 20 years from the date of filing of application.
For application filed under national phase under Patent Cooperation Treaty (PCT), the term
of patent will be 20 years from the international filing date accorded under PCT.
7. Who are 'Patent agents"?
Sec. 2(n) "patent agent" means a person for the time being registered under this Act as a
patent agent;
Put simply, A patent agent is a person who is registered and authorized by law to practice
before an Indian Patent Office and deal with patent applications.
8. Explain 'Criteria of patentability'.
An invention is patentable if it meets the following criteria –
i) It should be novel.
ii) It should have inventive step or it must be non-obvious
iii) It should be capable of Industrial application.
iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1 9 7 0 .
9. Explain any four rights of patentee under the Patent Act, 1970.
I. Right to Exploit the Patent, which includes; right to use, sell, manufacture and
distribute the patented product.
II. Right to Grant or Assign Licenses.
III. Right to Surrender the Patent.
IV. Right to Apply for the Patent of Addition.
V. Right to Sue in Case of Infringement.
10. Write any four general powers of Controller.
Section 77 of the Patents Act, 1970, provides that He shall have certain exercising powers of a
Civil Court under the CPC, 1908 while trying a civil suit. These include:
I. summoning of witnesses and enforcing the attendance of witnesses;
II. Receiving evidence on affidavits;
III. Issuing commissions for the examination of witnesses of documents;
IV. Awarding costs; etc.
11. When was the first patent law passed in British India?
In the year 1856, on protection of inventions, based on the British Patent Law of 1852.
12. Where is the office for the patent information system located?
The Offices of 'The Patent Information System' (PIS) and 'National Institute of
Intellectual Property Management' (NIIPM) are at Nagpur.
13. Define inventive step.
As per section 2(1 )(ja), “inventive step”means a feature of an invention that involves
technical advance as compared to the existing knowledge or having economic
significance or both and that makes the invention not obvious to a personskilled in the
art.
14. What is the date of patent ?
Section 4 5 ( 1 ) provides, Subject to the other provisions contained in this Act, every patent
shall be dated as of the date on which the application for patent was filed.
15. Is a new variety of mango patentable? Give reason.
No, as section 3 restricts the patentability of new found plants or animals.
16. Mention any two exceptions to the novelty rule.
i. Subject matter published without the consent of the inventor.
ii. The invention was published in consequence of the display in an exhibition notified
by the Government or reading the paper before a Learned Society. Grace period of
12 months is given in such cases to file the patent application.
iii. Previous communication to Government of India.
iv. Public working for reasonable trials.
17. Name the committee on recommendation of which Patent Act 1970 has been made.
Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar
18. Name the year of Amendments made in the Indian patents to make it TRIPS
complainced.
2005.
19. What do you mean by complete specification?
A complete specification is a detailed description of an invention that is filed along with a
patent application. It provides a complete and full disclosure of the invention, including its
nature, manner of operation, and the best method of performing it.
20. When opposition to grant of patent can be done?
Section 25( 1 ) clauses (a ) to (k ) of the Patent Act lays down an exhaustive list of the
grounds based on which the patent application can be opposed. These grounds are:
Wrongful obtainment, Prior publication, Prior claim, Prior knowledge or use, Obviousness,
Non-patentable subject matter, Insufficient description, Non-disclosure, False disclosure,
Time limit: The conventional application was not filed within the specified period of 1 2
months from the date of the first patent application made in a conventional country.
21. Which category of invention are put under secrecy directions?
Inventions which are important for national security and defence, section 35.
22. Why Patent Law should be in your syllabus?
Because It gives incights to a law students about the workability of patent system in
India and internationally.
23. Mention at least two special features of the Patents Act 1 9 7 0 .
The Indian Patent Act, 1970 strikes a balance between the rights of the applicant and his
obligation to the society granting the rights. Some salient features of the Act includes:
I. product and process patent,
II. the term of the patent as 20 years,
III.patent examination conducted on request,
IV. fast track mechanism for quick disposal of appeals,
V. pre-grant and post-grant opposition allowed,
VI. protection of biodiversity and traditional knowledge, and,
VII.the publication of applications after 18 months of the date of filing of the patent
application.
24. Can Patent be granted to famous Mawa Kachori of Jodhpur? Why?
No,
25. What is the function of Patent-office
The Indian Patent Office is responsible for administering the Indian law of patents, and its roles
include patent administration, patent duration, and patent renewal, among other things.
26. What do you mean by register of Patents?
Patent Registration is a process under which an application is filed with the prescribed
authority in order to register an invention in line with The Patent Act, 1 9 7 0
27. Mention any two contents of patent application.
I. Title,
II. Summary of the invention,
III. Particulars in detail,
IV. Claims etc.
28. Define opposition.
A patent opposition is a way by which any third party may review:the patentability criteria,
including validity of a pending as well as granted patent application.
