Law Question Papers

OBJECTIVE SOLVED(MCQs)QUESTIONS ON Patents Act 1970 ACT-1st Set

1- Patent Act does not apply to Ladakh Union Territory

a.Yes
b. No
c. Jammu and Kashmir has an independent Patent Act

2- “Exclusive licence” means

a. a licence from a patentee which confers on the licensee
b. a licence from the Patent registrar
c. a licence under Patent Cooperation Treaty

3-“Invention” involves the process steps

a. true
b. false
c. something different

4-Patent Cooperation Treaty” means

a. Patent Cooperation Treaty signed at Washington
b. Patent Cooperation Treaty signed at Davos
c. Patent Cooperation Treaty signed at Singapore

5-Which one is not inventions

a. an invention the primary or intended use or commercial exploitation of which could be contrary public order
b. a method of agriculture or horticulture
c. the topography of integrated circuits
d. above all

6- What is not Patentable

a. A new assault gun
b. A new poison capable of human death
c. A new chemical compound usable for huge explosion
d. all above are patentable
e. None of the above is patentable

7- Whether the assignee of a true inventor can ask for Patent

a. Before getting patent assignee has no right to ask for Patent
b. Assignment of an unpatented invention is permissible under the law- so assignee is competent for asking patent
c. An assignment is not permissible under the Patent act

8- India became a signatory to the Patent Cooperation Treaty (PCT) in 1998

a. True
b. False
c. Signed but the treaty was not implemented

9. As per Section 77(1)(c) of the Act and Rule 126 of the Patents Rules, the Controller has the power to receive evidence on affidavits which shall be duly sworn in.

a. Yes
b. Evidence through affidavit is not permissible for granting Patent
c. No
d. Only a self-declaration signed before the Controller, who is legally empowered to receive the evidence, may also be considered as admissible evidence in any proceeding before the Controller under the Patents Act if the Controller so allows.

10-“True and first inventor” include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India.

a. True
b. False
c. Never defined in the Patent act

11. The term “person” as defined in the Patents Act includes Government.

a. Yes
b. No
c. Only Natural or Body Corporate.
d. “person” means only individual or a group of individuals

12. “Legal representative” means a person who in law represents the estate of a deceased person

a. True
b. True but the power of attorney holder also included in the proposition
c. False

13. An application for patent shall be filed with the Patent Office having appropriate jurisdiction. The territorial jurisdiction of patent office in respect of a patent application is decided based on any of the following:

a. Place of residence, domicile or business of the applicant (first mentioned applicant in case of joint applicants) or,
b. Place from where an invention actually originated or,
c. Address for service in India given by the applicant, when the Applicant has no place of business or domicile in India (Foreign applicants).

i) all are true
ii) only a is true
iii) Only a and b are true

14. Types of Patent Applications permissible in India

a. Ordinary Application i.e., an application which has been filed directly in the Indian Patent Office without claiming priority of any foreign application.
b. Convention Application claiming the priority of a country which
is a member to Paris Convention
c. PCT National Phase Application.
d. Divisional Application, i.e, a further application divided out
of the first-mentioned patent application.
e. Patent of Addition i.e. an application for patent in respect of any
improvement in or modification of the invention for which the
patent application has already been filed or patent has been
granted.

i) only b and c
ii) a and c
iii) only a
iv) all

15- Every application for a patent shall be for one invention only and shall
be filed in Form-1 at an appropriate office

a. One invention- one application
b. Up to four connected inventions are permissible
c. Multiple inventions can be clubbed in one application and special fees to be charged for it
d. One major invention and one minor invention are permissible


Refer: The Patents Act, 1970

ANSWERS

  1. b
  2. a
  3. a
  4. a
  5. d
  6. d
  7. b
  8. a
  9. a
  10. b
  11. a
  12. a
  13. i
  14. iv
  15. a