30 Questions on IP by Saurabh Kr Pandey

Q1 What can be patented under Patent Act 1970?

A. Playing a game

B. An Invention

C. A scheme

D. an aesthetic creation

Ans:- (B)

Explanation:-

According to Section 2(1)(j) of the Indian Patents Act, 1970, any product or
process that involves an inventive step and is capable of being used in the
industry is called an invention and it can be patented.

Q2 Budapest Treaty provides for deposit of micro-organism with ______.

A) Controller of Patents

B) State Government

C) International Depository Authority

D) Contracting States

Ans-C

Explanation:-

The Budapest Treaty eliminates the need to deposit microorganisms in each

country where patent protection is sought. Under the treaty, the deposit of a
microorganism with an "international depositary authority" satisfies the deposit
requirements of treaty members' national patent laws.

Q3. The term “INVENTION” as defined in the Patents Act includes

A. New product or process

B. Inventive step
C. Capable of industrial application
D. All of the above

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Ans:- D

Explanation:-

An invention is defined under Section 2(j) of the Patents Act, 1970 as “a new
product or process involving an inventive step and capable of industrial
application.”

Inventive Step here means that the invention involves some kind of
technological advancement which was not there before.

Q4. Revocation of patent in public interest can be done by

a. Central Government
b. State Government
c. Both
d. Revocation is not possible

Ans:- a

Explanation:-

As per section 66 of the Patents Act, where the Central Government is of

opinion that a patent or the mode in which it is exercised is mischievous to the
State or prejudicial to the public, the patent may be revoked.

Q.5 WTO was established under Which of the following Treaty?

(a) Paris Treaty

(b) Lisbon Treaty

(c) Marrakesh Treaty

(d) Washington Treaty

Ans:- (c)

Explanation:-

The Marrakesh Agreement, manifested by the Marrakesh Declaration, was an

agreement signed in Marrakesh, Morocco, by 123 nations on 15 April 1994,
marking the culmination of the 8-year-long Uruguay Round and establishing the
World Trade Organization, which officially came into being on 1 January 1995.

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Q6. Every application for a patent to be published within 18 months , except in
cases

(a) secrecy direction is imposed under section 35

(b) has been abandoned under sub-section (1) of section 9

(c) has been withdrawn three months prior to the period

(d) All of the above

Ans:- d

Explanation:-

Every application for a patent shall, on the expiry of the period specified under
sub-section (1), be published, except in cases where the application--

(a) in which secrecy direction is imposed under section 35; or

(b) has been abandoned under sub-section (1) of section 9; or

(c) has been withdrawn three months prior to the period specified under
sub-section (1)].

Q 7. Any person interested may make an application to the Controller for grant
of compulsory licence on patent on any of the following grounds:

(a) reasonable requirements of the public w.r.t. the patented invention

have not been satisfied

(b) patented invention is not available to the public at a reasonably

affordable price, or

(c) patented invention is not worked in the territory of India

(d) all of the above

Ans:- d

Explanation:-

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Grounds are: reasonable requirements of public have not been satisfied; or.
patented invention is not available to the public at affordable price; or. patented
invention is not worked in the territory of India.

Q8. Patent is a ______________.

a) Transferable property

b) Negotiable property

c) Real property

d) Non-transferable property

Ans:- (a)

Explanation:-

"Patents are transferable assets, and by the early 20th century they had made it
possible to separate the person who makes an invention from the one who
commercialises it. This recognised the fact that someone who is good at coming
up with ideas is not necessarily the best person to bring those ideas to market."

Q9. Compulsory licenses for patents are granted as ______.

a) Voluntary

b) Implied

c) Virtual

d) Non Statutory

Ans:- (a)

Explanation:-

Compulsory licences are permissions granted by the Controller General to a

third party to manufacture, use, or sell a patented product or process without the
approval of the patent owner.

Q10. Which one of the following cannot be patented?

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 a) Novel inventions

b) Scientific discoveries

c) Process

d) Computer program

Ans:-d

Explanation:-

In India, software is not directly patented but it can be granted patent if it

is attached with novel hardware

Q11. "Capable of industrial application", in relation to an invention, means

a. Invention which do not have Practical utility

b. invention is capable of being applied in any industry
c. invention is capable of being imported in an industry
d. None

Ans:- (b)

Explanation:-

Capable of Industrial Application:

This essentially means that the invention cannot exist in abstract. It must be
capable of being applied in any industry, which means that the invention must
have practical utility in order to be patentable. These are the statutory criterion
for the patentability of an invention.

Q12. Inventive step means

a. technical advance as compared to the existing knowledge

b. having economic significance
c. invention not obvious to a person skilled in the art
d. All the above

Ans:- (d)

Explanation:-

According to Indian Patent Law, "inventive step" means a feature of an

invention that involves technical advance as compared to the existing

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knowledge or having economic significance or both and that makes the
invention not obvious to a person skilled in the art.

Q13. Following person/persons are entitled to apply for patents

A. A person claiming to be first inventor of the invention

B. A Legal representative of the first inventor of the invention (If he

deceased)

C. Any person who is the assignee of the first inventor of the invention

D. All of the above

Ans:- D

Explanation:-

Persons entitled to apply for patents

(1) Subject to the provisions contained in section 134, an application for a

patent for an invention may be made by any of the following persons, that is to
say,-

(a) by any person claiming to be the true and first investor of the invention;

(b) by any person being the assignee of the person claiming to be the true and
first inventor in respect of the right to make such an application;

(c) by the legal representative of any deceased person who immediately before
his death was entitled to make such an application.

(2) An application under sub-section (1) may be made by any of the persons
referred to therein either alone or jointly with any other person.

Q.14 Washington treaty Deals with

(a) Patents

(b) Copyrights

(c) Trademarks

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(d) Integrated Circuits

Ans:- (d)

Explanations:-

The Washington Treaty was adopted in 1989 and provides protection for the
layout designs (topographies) of integrated circuits.

Q.15 CIPAM Stands for

(a) Cell for IPR Promotion and Management

(b) Centre for IPR Protection and Management

(c) Centre for IPR Promotion and Monitoring

(d) Cell for IPR Protection and Monitoring

Ans:- (a)

Explanation:-

CIPAM (Cell for IPR Promotion and Management)

Tagline: Creative India, Innovative India

CIPAM is a professional body under the aegis of Department for Promotion of
Industry and Internal Trade (DPIIT) which ensures focused action on issues
related to IPRs and addresses some core identified objectives of the policy.
Q.1 What is the term of a patent in the Indian system?

(a) 10 years

(b) 15 Years

(c) 20 Years

(d) 30 Years

Ans:- (c)

Explanation:-

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The term of every patent granted is 20 years from the date of filing of
application. However, 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.

Q.2 Which Act governs the patent system in India?

(a)1999

(b) 1957

(c) 2000

(d) 1970

Ans:- (d)

Explanation:-

The patent system in India is governed by the Patents Act, 1970 (No.39 of
1970) as amended by the Patents (Amendment) Act, 2005 and the Patents
Rules, 2003. The Patent Rules are regularly amended in consonance with the
changing environment, most recent being in 2016.

Q3. A patent agent registered with Patent Office may be disqualified on the
grounds that

a) He is an undischarged insolvent.

b) He has been adjudged by competent court to be of unsound mind.

c) He being a chartered accountant has been guilty of negligence.

d) All of the above

Ans:- (d)

Explanation:-

Disqualification of Registration as Patent Agent

Rule 114 of the Rules provides the grounds for disqualification for registration as
a patent agent, which are as follows:

1. If he is declared by a competent court to be of unsound mind

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 2. If he is an undischarged insolvent
3. In case of a discharged Insolvent, he has failed to obtain from the court
a certificate to the effect that his insolvency was caused by misfortune
and not due to any misconduct on his part
4. If he is convicted by any court whether within or outside India to
undergo a term of imprisonment unless,
5. He is pardoned for the offence committed
6. On an application made by him, the Central Government has, by order
in this behalf, removed the disability;
7. If being a legal practitioner he is found guilty of professional
misconduct; or
8. If being a chartered accountant, he has been guilty of negligence or
misconduct. In all such cases, he shall be disqualified from being
registered.

Q4. Who are eligible for Expedited Examination of applications?

a)Natural persons as applicants wherein atleast one of them is a female.

b) Natural persons as applicants wherein atleast one of them is an Indian

citizen.

c) Start up but not Small entity.

d) Small entity but not Start up.

Ans:- (a)

Explanation:-

an applicant can make a request for expedited examination if applicant: Is a

Start-up as defined under rule 2(fb) of the Patent Rules, 2003; or. Is a small
entity as defined under rule 2(fa) of the Patent Rules, 2003, or. Is a female
natural person

Q5. Section 25 of the Patent Act,1970 deals with___?

A. Form, extent and effect of patent

B. Unauthorised claim of patent rights.

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 C. Opposition to the patent

D. Powers of Controller in case of potential infringement

Ans:- (C)

Explanation:-

When a patent application is published and until the patent is granted, the Indian
Patents Act, 1970, under section 25(1), allows any person to oppose by way of
representation, the grant of a patent to the application.

Q.6 Nice Agreement (1957) Concerning the

(a) Patents

(b) Industrial Designs

(c) Copyrights

(d) Trademarks

Ans:- (d)

Explanation:-
The Nice Agreement establishes a classification of goods and services for the
purposes of registering trademarks and service marks (the Nice Classification).
The trademark offices of Contracting States must indicate, in official documents
and publications in connection with each registration, the numbers of the classes
of the Classification to which the goods or services for which the mark is
registered belong.

Q.7 Berne Convention (1886) deals with

(a) Patents

(b) Integrated Circuits

(c) Literary & Artistic Works

(d) Plant Varieties

Ans:- (c)

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Explanation:-
The Berne Convention, adopted in 1886, deals with the protection of works and
the rights of their authors. It provides creators such as authors, musicians, poets,
painters etc. with the means to control how their works are used, by whom, and
on what terms. It is based on three basic principles and contains a series of
provisions determining the minimum protection to be granted, as well as special
provisions available to developing countries that want to make use of them.

Q.8 FICCI stands for

(a) Federation of Indian Chambers of Commerce & Industry
(b)Forum of Indian Consultants of Commerce & Industry
(c)Forum of Indian Chambers of Commerce & Industry
(d)Federation of Indian Chambers & Consultants of India
Ans:- (a)

Explanation:-

The Federation of Indian Chambers of Commerce & Industry (FICCI) is

a non-governmental trade association, not-for-profit organisation. It is the
largest, one of the oldest business organisation in India.

Q.9 -Intellectual Property Rights (IPR) protect the use of information and ideas
that are of

(a)Ethical value

(b)Moral value

(c)Social value

(d)Commercial value

Ans:- (d)

Explanation:-
IPR protects the use of information and ideas that are of commercial value.

Q.10 India’s Rank in Global Innovation Index 2022:

(a) 32nd

(b)40th

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(c)46th

(d) 21st

Ans:- (b)

Explanation:-
India was ranked 40th position out of 132 in the Global Innovation Index (GII)
2022 rankings released by World Intellectual Property Organisation
(WIPO).India was ranked 46th position in 2021

Q.11 What protects the intellectual property created by designers?

(a) copyright

(b) geographical indications

(c) patents

(d) registered designs

Ans:- (d)

Q.12 What protects the intellectual property created by artists?

(a) copyright

(b) geographical indications

(c) patents

(d) registered designs

Ans:- (a)

Q.13 Which of the following identifies as a trademark?

(a) Name, symbol
(b) Symbol, logo
(c) Logo, name
(d) Name, symbol, logo

Ans: (d)
Explanation:

The name, symbol, and logo help customers to identify products quickly and
prevents duplicity. All the names, symbol, logo are trademarks of a certain

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manufacturer, company. It enables the customer to know which brand the
product belongs to.

Q.14 Geographical Indications can be registered in India for –

(a) Goods

(b) Services

(c) both goods and services

(d) none of the above

Ans:- (a)

Q.15 In India, the literary work is protected until

(a)Lifetime of author

(b)25 years after the death of author

(c)40 years after the death of author

(d)60 years after the death of author

Ans:- (d)

Explanation:-

As per the Copyright Act, 1957, literary works are protected until 60 years after
the death of the author. This means that after the death of the author, his/her
literary works can be used by others only after 60 years have elapsed.

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