Patents Act & Practice Quiz - Competitive Exams Indian_Patent_Agent

Free practice quiz: Patents Act & Practice (Competitive Exams Indian_Patent_Agent). 50 multiple-choice questions with answers and explanations. Play online, no sign-up needed.

This Competitive Exams Indian_Patent_Agent practice quiz has 50 multiple-choice questions on Patents Act & Practice. Try the 5 sample questions below (tap an option to check yourself), then play the full quiz online. No sign-up needed.

Sample questions

1. In a revocation proceeding in Court, Dr. Desai was able to prove that a patent granted to one of his students Mr. Rohan was wrongfully obtained. Post Court's revocation order and permission of grant of the whole patent to him, Dr. Desai files a petition before the Controller to grant the said patent in his name. What would be the date of patent granted to Dr. Desai after such proceeding:

   1. Date on which controller revokes the patent
   2. International filing date
   3. Same as revoked patent
   4. Date on which controller grant a new patent
   Show answer

   Answer: C. Same as revoked patent

2. Mr. John and Ms. Prakshi jointly made an invention and wish to file a PCT international application. Mr. John is a resident of a PCT contracting state but Ms. Prakshi is not. What would be a situation permitted under PCT:

   1. They cannot file any PCT international application jointly as Ms. Prakshi is not a national/resident of PCT contracting state
   2. They can file jointly as Mr. John is a resident/national of PCT contracting state
   3. Ms. Prakshi needs to sign an affidavit about non-residence in a PCT-State and then they can jointly file
   4. They both can make a joint declaration under PCT Rule 34 bis(i) to become eligible to file joint PCT international application
   Show answer

   Answer: B. They can file jointly as Mr. John is a resident/national of PCT contracting state

3. If A = Technical advance as compared to the existing knowledge, B = Having economic significance, C = That makes the invention not obvious to a person skilled in the art; then Inventive Step under the Patents Act, 1970 means a feature of an invention that involves:

   1. (A and B) or C
   2. A or B or C or (A and B)
   3. (A or B or (A and B)) and C
   4. A or B or C
   Show answer

   Answer: C. (A or B or (A and B)) and C

4. Assertion (A): The Examination process under the Act warrants the validity of the Patents granted under the Act. Reasoning (R): The Examination of patent application under section 12 and 13 ensures the above validity of the patent.

   1. When Both (A) and (R) are True, and (R) is a correct Explanation of (A)
   2. When Both (A) and (R) are True, but (R) is NOT a correct Explanation of (A)
   3. When (A) is true but (R) is False
   4. When (A) and (R) both are False
   Show answer

   Answer: D. When (A) and (R) both are False

5. In view of the provisions of the Patents Act, 1970, which entities may file a petition for revocation of a granted patent: Any person; Any interested person; Central Government; State Government; Controller of Patent; Defendant in any infringement suit by way of counter-claim.

   1. Only (i), (ii) and (iii)
   2. Only (ii), (iii) and (iv)
   3. Only (ii), (iii) and (vi)
   4. All of the above
   Show answer

   Answer: C. Only (ii), (iii) and (vi)

More questions in this quiz

Answers and explanations are in the full quiz.

1. Ms. Ragini has composed an interesting and soothing Raga composition. This Raga composed can be used in yoga, meditation, medication to relax or treat patients suffering from anxiety and depression. She would like to protect her IP rights. Which is the most appropriate IP Act for her to apply for protection:
2. A novel sunscreen formulation 'AlZo' is made of by mixing jojoba oil and Almond oil in a certain ratio along with other excipients. The sunscreen formulation is patentable if:
3. Under the Doctrine of National treatment, as regards to the protection of industrial property, each country must grant the same protection as it grants to its own nationals, to nationals of the other member countries of Paris Convention, and to nationals of countries not party to the Paris Convention if they are domiciled in a member country or have a real and effective industrial or commercial establishment there. Which combination is correct:
4. Mr. Ramayuna filed an application for the grant of patent with provisional specification on 06/11/2012 in Patent Office, Delhi. Subsequently, complete specification was filed on 05/11/2013. As per the provisions of section 13, the examiner after conducting the prior art search shall report which categories of literature:
5. Over the years in the field of IPRs significant Indian Jurisprudence has got created with regard to various aspects of patenting in India. Match: 1. Biswanath Prasad Radhey Shyam Vs Hindustan Metal Industries Ltd, 2. Standipack Pvt. Ltd. Vs M/s Oswal Trading Co. ltd., 3. Novartis AG Vs Union of India, 4. Ferid Allani Vs Union of India -- with: a. Post Dating, b. Person skilled in the art and Inventive Step, c. Software related Patents, d. Therapeutic Efficacy
6. Match the following examples which are not patentable under relevant clauses of the Act: Section 3(j), Section 3(h), Section 3(i), Section 3(p), Section 3(c) -- with: Turmeric aqueous extract for pimple care, Method of aerating soil for improved yield in agriculture, Method of surgical removal of teeth, Isolated insulin gene, Mouse cell
7. Dr. Sunita wants to file a patent application involving gene and protein data in India. As a patent agent, you advise her that she also needs to file the sequence listing of nucleotides or amino acid sequences. The correct way for filing sequence listing in India is:
8. Mr. Madhav is a plant science researcher who quit his organization; his organization then filed a patent application based on his work and it was granted with several colleagues as inventors, but not Madhav. What is the correct advice as per the provisions of the Act:
9. Dr Sita filed a provisional application for an innovative beeper technology on 01/01/2018. The timeline to file the complete application is near, however it is not complete and she needs a few more months. The possible correct option is:
10. Company Hassium found that a patent filed by rival company Rhenium copies its patented invention, and wants to file a pre-grant opposition. Match grounds: Publicly known/used in India, Obviousness, Prior anticipation, Claims not patentable, Wrongfully obtained -- with Sections: 25(1)(f), 25(1)(b), 25(1)(a), 25(1)(e), 25(1)(d)
11. Mr. Neelesh, in the business of making sports shoes, decided to put a stamp 'patented' on his article without actually filing any patent. What would be possible consequences as per the provisions of the Act:
12. Mr. Alpha filed patent application A on 01/04/2019 and an improvement application B on 31/03/2019, both granted individually. He later wants to convert B into a patent of addition of A. Select the correct option:
13. Which of the following statements regarding WIPO services are correct: WIPO DAS is an electronic system for secure exchange of priority documents; WIPO CASE enables offices to securely share priority documents and translations; WIPO CASE is an arrangement for work-sharing between offices; India participates in WIPO DAS but not WIPO CASE.
14. Mr. Akram invented an innovative AI Nanobot and filed a patent application; the Controller placed it under secrecy direction due to defense potential. What are the possible consequences: the Controller shall not pass an order refusing to grant the same; any order of the Controller passed in respect thereof is appealable.
15. Mr. Vikrant's patent for a photovoltaic coating lapsed; he filed for restoration. His opponent Mr. Pran can file opposition on which grounds: failure to pay renewal fees was intentional; undue delay in the restoration application; propriety of the patentee is questionable; the patent was wrongfully obtained.
16. Match Treaties/Agreements/Conventions: PCT, Hague, Berne, Madrid, Budapest Treaty -- with subject matter: Registration of Marks, Copyright, Patent, Industrial Design, Deposit of Micro-organism
17. Novel Corporation has a patent for a water purifier technology; Inventive Corporation floods the market with similar products; Novel files an infringement suit, Inventive files a counter-claim for revocation. What is the future course of action:
18. Hafnium Corporation filed a PCT international application and received an ISR and Written Opinion from ISA-India, and wishes to file amendments. Which option is correct:
19. Bharat Institute of Engineering and Technology (BIET), a privately run educational institute, invented an air purifier and wants to file a patent application exploiting all benefits extended to an educational institute by the Govt. of India. Which option is correct:
20. Dr. Kavya, a scientist at a Government Research Laboratory, communicated research updates to a funding agency, later reported in internal departmental periodic proceedings. Her research later had market potential and the Laboratory applied for a patent. Which statement is true regarding prior anticipation:
21. Mr. Daivam's patent for an operating instrument was granted and published on 19/02/2018; specification and claims were later amended and published on 19/05/2018. Which statements are correct: Post-Grant Opposition can be filed by any person till 19/02/2019; Post-Grant Opposition can be filed for the amended portion by any interested person till 19/05/2019; the whole application can be opposed till 19/05/2022 by any interested person.
22. Mr. Hirva wants to correct mistakes in his patent specification. Which statements are correct: Clerical mistakes may be corrected under section 78 without paying any fees; Amendment by way of correction under section 57 by filing Form-13 and prescribed fees; Both corrections under sections 78 and 57 are considered amendments under the Patents Act, 1970.
23. An application filed 19/05/2014 used biological material deposited 19/02/2014, published 26/11/2015, granted 19/05/2018. Which statements are correct: the depository institution shall make the biological material available to the public from 19/05/2014; the Patent office shall make the specification available to the public from 26/11/2015; the applicant is entitled to institute infringement proceedings from 19/05/2014; the applicant has like privileges and rights as if the patent had been granted on 26/11/2015.
24. Ms. Ritu genetically modified a microorganism and wants to protect it too, alongside her complete specification. What are the correct disclosure requirement options: deposit not later than the date of filing the patent application in India, with reference made within the prescribed period; deposit not later than the date of publication, with reference made within the prescribed period; all available characteristics needed for correct identification are included in the specification including depository name/address and deposit date/number; disclosure of source and geographical origin is not required even if used in an invention.
25. Which of the following is/are patent classification system(s): International Patent Classification; Cooperative Patent Classification; File Index and File Forming Term; European Classification System.
26. As an authorized patent agent, you receive a controller's refusal under section 15; the controller did not consider one important document, and your client asks you to file a review petition. On which form and within what time from communication of order:
27. Mr. Swamy's patent application was granted on 31/03/2023, but he passed away on 25/02/2023 just before grant. His legal heir wants to change the name in the patent. Which form and section applies:
28. Assertion (A): In India, an applicant who is not an inventor must submit Proof of Right/Assignment from the inventor(s). Reasoning (R): Under Section 6 of the Act, true and first inventor or his assignee or his legal representative only are entitled to apply for patent.
29. Assertion (A): The claims define in technical terms the extent (scope) of the protection conferred by a patent or sought in a patent application. Reasoning (R): Product claims specify characteristics and features of an invention; process claims outline methods or steps involved in creating or using it.
30. Assertion (A): Every patentee and licensee has to furnish a statement regarding working of the patented invention on commercial scale in India at regular intervals. Reasoning (R): Patents are granted to encourage inventions and secure that they are worked in India on a commercial scale, not merely to enable importation monopoly.
31. Assertion (A): The Patent Facilitators Scheme, introduced by the Government of India, engages professionals to assist startups in preparing and filing patent applications. Reasoning (R): The remuneration paid to the facilitator varies as per the field of technology in which the patent application has been filed.
32. Statement 1: The timeline for filing a request for expedited examination can be extended by the Controller in response to a petition filed by the applicant to do so. Statement 2: The extension of time given to applicant by Controller under section 81 is not appealable.
33. Statement 1: In a PCT application, applicant name may be different for different designated states at national phase. Statement 2: In a PCT national phase application designating India, the complete specification filed in the international application shall be taken as complete specification in India.
34. Statement 1: In India, Term of Patent has been 20 years ever since the Patents Act, 1970 came into force on 20/04/1972. Statement 2: Irrespective of the field of invention, the term of patent has been uniform since 1999 in India.
35. Statement 1: The date of priority once decided for an application may not be amended. Statement 2: It is not possible to derive priorities from more than five earlier applications in a single application for grant of patent.
36. Statement 1: An exclusive licensee can institute infringement proceedings on his own. Statement 2: An exclusive licensee can be awarded damages/compensation in an infringement suit by the Court.
37. Requirement of proper enablement of a patent specification (quid pro quo philosophy) is judged differently at different stages, evident from different phrases used in different sections. Which sections are correctly matched with relevant phrases: Section 10(4)(a) - fully and particularly; Section 25(1)(g) - sufficiently and clearly; Section 25(2)(g) - fully and sufficiently; Section 64(1)(h) - sufficiently and fairly.
38. Mr. Tanaka filed a patent application in Japan on 25/07/2015, assigned rights to Ms. Oto, who wants to file a conventional application in India on 24/07/2016 with her friend Ms. Meenakshi as co-applicant. What is the correct option: the applicant is free to choose any other applicant and Ms. Meenakshi can be a co-applicant without further procedures; only the applicant in priority application can be applicant in India, Ms. Meenakshi cannot be co-applicant; Ms. Oto may assign partial rights to Ms. Meenakshi before she can be taken as co-applicant; none of the above works as timeline is breached.
39. Provisions under the Patents Act, 1970 and Rules provide various timelines. Which are correctly matched to Act vs Rules: timeline to file Complete Specification after Provisional; Term of Patent; period for restoration after lapse; time for Post-Grant Opposition; time for Request for Examination; time to file review petition.
40. WIPO IP Diagnostics - Indian Adaptation was launched as a collaboration of WIPO and Govt of India through CGPDTM. Which statements are correct: it is a software tool for SME/MSME self-assessment of IP Assets; it generates reports based on targeted IPR questions; it provides a Global Perspective of IPR including Indian Context with local examples; it enables exchange of search reports between examiners of different countries; it includes information on Plant Varieties and Farmer's rights.
41. In the context of filing Form 27 on working of patents, which is true: every patentee is required to file Form 27; exclusive licensee should file Form 27, but not mandatory for non-exclusive licensee; for joint applicants, all patentees may file Form 27 jointly; different licensees of the same patent may file jointly.
42. Match Topic-Form-Section: Restoration of Lapsed Patents-Form 3-Section 57 Rule 81(1); Statement and Undertaking regarding foreign application-Form 7-Section 8 Rule 12; Notice of Opposition-Form 13-Section 60 Rule 84; Application for Amendment-Form 15-Section 25(2) Rule 55A. Which option is NOT matching correctly?
43. Jack and Jill received a root from a tribe, developed it into a patented chocolate product with market success, and seek advice on sharing benefits with the tribe. Which are appropriate options: partner with the tribe for fair compensation; direct a percentage of profits back to the tribe; use profits to uplift the tribal community; keep all profits, acknowledging the tribe privately; share a percentage of profits with the tribe as fair compensation; make an unrelated one-time charitable donation; disregard any obligation to share benefits.
44. Mr. Allu's name was removed from the register of Patent Agents on 25/03/2023; he wants to file for restoration. Which is correct: restoration can only be made after 25/05/2023; restoration can only be made within 25/05/2023; restoration can be made on Form-23; restoration can be made on Form-22.
45. Dr. Sudha is unable to exploit her patent commercially and cannot maintain it or pay renewal fees. Which options are correct regarding surrendering her patent: she could give notice to the controller offering to surrender u/s 63; by surrendering under section 63 she could claim a refund of fees paid; the controller may accept the surrender under section 63 and revoke the patent following opposition procedure; the controller may accept under section 62 and revoke the patent following opposition procedure; the controller may accept under section 62 and she could claim a refund of fees paid.

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