Inventions arising from the creative work of human beings acquire considerable commercial value, in view of the possibility of their use by large sections of the society not only within the country but also in other countries of the world. Patent is one of the very common modes through which scientific inventions having potential for industrial application are being protected. In India very few scientific organizations and much less industries take adequate measures to protect their inventions.
In India, the law relating to patents is contained in the Patents Act, 1970. This Act has been amended in the
year 1995, 1999, 2002 and 2005 to meet India’s obligations under the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) forming part of the Agreement establishing the World Trade Organisation (WTO). Now Indian Patents Act is fully compliant with India’s obligations under the TRIPS Agreement of the WTO.
The importance of patents has increased tremendously over last few decades. Every company is creating a strong patent portfolio. It is important to know the advantages involved in getting a patent and how does the patent benefit an inventor.
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- Question 1 of 9
Which government is empowered to provide legislation for patents in India?Correct
Section 159 of the The Patents Act, 1970 states that, Central Government is empowered to make rules for implementing the Act and regulating patent administration.Incorrect
- Question 2 of 9
Exclusive right over patent is limited for a period uptoCorrect
As per Section 53 of The Patents Act, 1970.Incorrect
- Question 3 of 9
Patent in case of international applications filed under
the PCT designating India have a period limited uptoCorrect
Stated by explanation of Section 53 of The Patents Act, 1970.Incorrect
- Question 4 of 9
For protection over rights of patent, fees needs to be paid to prescribed authority periodically.Correct
Renewal fees need to be paid to the controller for protection of rights as per Section 142 of The Patents Act, 1970.Incorrect
- Question 5 of 9
Payment of renewal fees for payment can be extended for a maximum period ofCorrect
As per Sub-rule (1A) inserted by Patents (Amendment) Rules, 2005.Incorrect
- Question 6 of 9
Persons entitled to apply for patent is/areCorrect
Provided by section 6 of The Patents Act, 1970.Incorrect
- Question 7 of 9
Patents Act, 1970 is applicable toCorrect
As per Section 2 of Patents Act, 1970.Incorrect
- Question 8 of 9
Conditions of patentability is/areCorrect
These are essential conditions of patentability.Incorrect
- Question 9 of 9
Patent and Discovery are tha same thing as per Patents Act, 1970.Correct
Discovery is mere finding out an existing product or process while patent is for a new product or process with utility.Incorrect