Q1 Define ‘invention’.

What are not considered inventions under the Patents

Act, 1970?
Invention means a new product or process involving an inventive step and capable
of industrial application.
Following are not considered inventions under the Patents Act, 1970-
a) An innovation that is frivolous or asserts anything that is clearly in violation of
well-established natural laws
b) An innovation whose primary or intended usage would be illegal, immoral, or
harmful to the public's health
c) The simple formulation of an abstract theory or the finding of a scientific
concept
d) Atomic energy-related inventions.
e) Any procedure for treating humans or animals in a medical, surgical, curative,
prophylactic, or other manner.
f) Other than microbes, plants and animals in whole or in part.
g) A mathematical or commercial approach, as well as a computer programme
or algorithms in general.
h) The simple discovery of a new property or application for a known material, or
the use of a known method, equipment, or device, unless the known process
produces a new product or uses at least one new reactant
i) A material or a technique for creating such a substance obtained by a simple
mixing resulting simply in the aggregation of the characteristics of the
components thereof
j) A mathematical or commercial approach, as well as a computer programme
or algorithms in general.
k) Literary, theatrical, musical, or artistic works, cinematographic works,
television shows, and other aesthetic achievements are all prohibited.
l) A simple plan, rule, or procedure for carrying out a mental act or playing a
game.
m) Integrated circuit topography.

Q2(a) What are the types of Quasi-Contract under the Indian Contract Act?
A quasi-contract is established out of a court order with the goal of not allowing one
party to obtain an unfair advantage out of the situation at the expense of other
parties. These are created by the court to prevent unfair enrichment of any party that
overpays for a commodity or service. Because the court establishes standards, no
party may dispute with them, and they must adhere to them.
Section 68 - It states that if a person is unable to engage into a contract and supplies
are supplied to him or anybody to whom the incapable person is legally obligated to
support by a third party, the third party has the right to recover the price of such
provider from the incapable person's property.
Section 69 - Section 69 says that if a person has a financial interest in making a
payment and does it on behalf of another person who is required to pay by law, the
person who made the payment is entitled to repayment from the other party.
Section 70 - It indicates that if a person performs something legitimately for another
person or makes a delivery without intending to do so gratuitously, and the receiving
party has reaped the advantages of the same. The receiving party is then obligated
to compensate the previous party.
Section 71 - Section 71 stipulates that if a person discovers items belonging to
another party and takes them into custody, the former bears the same duty as a
bailee.
Section 72 - It indicates that if someone is paid or delivered in error or under duress,
he must reimburse or return the money.

Q6 What are the characteristics of Negotiable Instruments and the

presumptions in respect of them under the Negotiable Instruments Act? What
are the essentials of a Promissory Note?
Negotiable Instruments promise the payment of a certain amount of money at a
specific time or on demand, and the payer's name is normally included on the
document. Checks, promissory notes, bills of exchange, customer receipts, delivery
orders, and other forms of negotiable instruments. It is designed like a contract and
demands payment either on demand or at a predetermined period. Negotiable
instruments vary from non-negotiable instruments in that they may be transferred to
new owners, giving the new owner complete legal title to the instrument. The
principle amount, interest rate, date, and the payer's signature are all included in
negotiable instruments.
There are 2 main types of liability on a negotiable instrument –
1) Primary liability - A party that is directly liable for his or her conduct is referred to
as a Primary Liability. The creator of a note and the drawee of a draft are the ones
who are most responsible for paying the instrument. The maker or acceptor of the
instrument is generally the signer who bears primary liability. A promissory note's
creator guarantees that the note will be paid by another party. The drawee, or
acceptor, promises to pay the instrument when it is presented for payment. The
acceptance of the instrument requires a written commitment. To be dishonoured, the
person that bears primary liability must be given proper notice of dishonour, oral or
written.
2) Secondary liability - Individuals who are secondary liable on a negotiable
instrument are not required to pay unless the instrument has been submitted for
payment and has been dishonoured. The commercial paper must first be provided to
the person who is responsible for the payment.
Acceptor for honour, who are parties to a negotiable instrument, as described below
–
Maker: The individual who creates or signs the note, agreeing to pay the specified
amount
Drawee: The individual who has been instructed by the drawer to pay the money. In
the event of a check, the drawee is the paying bank.
Payee: The individual whose name is inscribed on the promissory note, bill of
exchange, or check is known as the payee. The payee has the right to receive the
amount stated on the note, bill, or check.
Endorser: The legal rights to transfer an instrument to another party would be served
by the signature of the holder of the instrument). The endorser is the holder of the
instrument who transfers his right to another party through endorsement.
Endorsee: If the endorser adds an instruction to pay the sum stated in the instrument
to a specific individual, such person is known as the instrument's endorsee.
Endorsement: When an endorser sign simply his name, it is referred to as
endorsement in blank. The endorsement is termed endorsement in full if it
incorporates the endorser's instructions to pay the sum indicated in the instrument
to a specific person.
Holder: The payee or another person to whom he may have endorsed the
promissory note, bill of exchange, or cheque is the holder. A person can only be a
holder if he is the payee or the endorsee of the instrument.
Acceptor for honour: If the original drawer refuses to take the bill, or if the notary
public demands stronger security, with the permission of the holder, another person
who is not initially accountable for payment of the bill may accept it for the honour of
any party liable on the bill. 'Acceptor for honour' is the name given to such an
acceptor.