10 previous year questions on Law of patent – Patentability, procedure for grant of patent, limitations and exceptions, infringement and remedies from UGC NET Law papers (2019–2026), including 1 statement-based questions. The correct option is marked in green.
10 questions
Bayer Corporation v. Union of India, 2011 case is dealing on which subject matters?
Answer: (c) Working of patenting process
Which of the following Section of the Patent Act, 1970 provides for the subject matters that are not invention under the Act?
Answer: (b) Section 3
Arrange the following sections of the Patent Act, 1970 in chronological order (section wisefirst come basic)
A. Controller and other officers
B. Term of patent
C. Convention countries
D. Multiple Priorities
E. Licensing of related patents
Choose the most appropriate answer from te options given below
Answer: (b) A, C, B, E, D
Arrange the correct sequence in which an application for grant of Patent will be considered
A. Opposition under section 25(2) of the Patents Act, 1970
B. Publication of application
C. Filling of claims
D. Request for examination
E. Grant of patents
Choose the correct answer from the options given below
Answer: (c) C, B, D, E, A
Which kind of patent is protectable in India?
Answer: (c) Process Patent
Which of the following statutes define 'person interested'?
Answer: (a) Patent Act, 1970
Arrange the following steps of the patent procedure (as per the Indian Patent Act) in correct sequence
A. Time for putting application in order for grant
B. Request for examination
C. Publication of application
D. Priority date of claims of a complete specification
E. Mention of inventor as such in patent
Answer: (a) D, C, B, A, E
Explanation: The chronological order is:
1. Priority date
2. Publication
3. Request for examination
4. Time for complying with objections
5. Mention of inventor
Which statements are incorrect with respect of Indian Patent Act, 1970?
A. Invention relating to atomic energy are not patentable
B. Originality and novelty are pre-requisites for patentability
C. IPAB (Intellectual Property Appellate Board) deals with all types of IPR disputes currently in India
D. A patent is valid for 20 years
Choose the correct answer from the options given below
Answer: (d) B and C only
Which one of the following is not a ground for opposition proceedings to grant of patent, under Patent Act, 1970?
Answer: (b)
Explanation: Under Section 25 of the Patents Act, 1970 (which lists the grounds for both pre-grant and postgrant oppositions under Section 25(1) and Section 25(2)):
• Options (a), (c), and (d) are valid grounds for opposition:
o Option (a): Covered under Section 25(1)(b) / 25(2)(b) - Prior publication of the invention before the priority date. o Option (c): Covered under Section 25(1)(f) / 25(2)(f) - The subject matter is not an "invention" or is non-patentable under the Act. o Option (d): Covered under Section 25(1)(a) / 25(2)(a) - The applicant wrongfully obtained the invention from the true and first inventor.
• Option (b) is NOT a ground: Section 25(1)(j) / 25(2)(j) specifies non-disclosure or wrong disclosure of the source or geographical origin of biological material used for the invention, not "manufactured material." Information Booster
• Grounds for Opposition under Section 25, Patents Act, 1970:
o Wrongfully obtaining the invention. o Prior publication in India or elsewhere. o Prior claiming in an earlier-filed Indian application. o Public knowledge or public use in India prior to the priority date. o Obviousness or lack of inventive step. o Non-patentable subject matter under the Act. o Insufficiency of description. o Non-compliance with Section 8 requirements (foreign filing info). o Failure to disclose or wrong disclosure of origin of biological material. o Anticipation by traditional knowledge available in local/indigenous communities.
Which of the following Section of the Patent Act, 1970 deals with 'inventions relating to atomic energy'?
Answer: (d) Section 4
Explanation: Under Section 4 of The Patents Act, 1970, no patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of Section 20 of the Atomic Energy Act, 1962. Such inventions are completely non-patentable in India due to national security and public interest considerations.
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