the Patents Act, 1970 on under section 126 of (he Patents Act, 1970) nended along with The Patents Rules, 2003) PATENTS ACT AND RULES (All questions are to be answered) (Marks of each que dicated at the end of the question) EMBER, 2003 Qualitying ti A APER-1 ime 2% Hours Total Marks — 100 Q-1. Write short notes on any S(five) of the following, keeping in view ef the Provisions under Patents Act 1970 (as amended) and The Patents Rules, 2003. (Rach earries equal marks). Invention, for examination. mnal specification, d. Term of patent. Patent agents. f. Inter-governmental organization, g- International application under PCT, (15) Q2 State True or False (Answer all questions, each carries equal marks, Where it is false, give the reason/eorrect answer), a. Every application for patent shall be for one invention only. b. There is a provision under the Patents Act, 1970 (as amende3d) to extend the term of a patent beyond 20 yea: © Application for grant of exclusive marketing rights ean be filed at the head office of the patent office or at the branch office. 4. Itis possible to obtain a world patent. © Research institutes or organizations can use patents for research purpose without any liability for infringement, {The register of patent agents is kept at the Patent Office, Kolkata only. &. Invention relating to Atomic Energy is not patentable h. Every application for patent whether provisional or complete, shall be made in form 2. For Nationals (natural persons) of India the basic and designation fees are seduced by 75% payable to 1B of WIPO, j. No drawing or sketch, which would require a speci “nYentions, shall appear in the text of the spe: 1 illust ication itself, ion of the (20) 2 Fillin the blanks (answer all questions, each earries equal marks) The qualifying marks for each written paper and for the viva’ voce examination for Patent Agent shall be % and ‘fe respectively, and a candidate shall be declared to have passed the examination only if hefshe obtains an aggregate of % of total marks, b. The patent agent should pa ntinuance fee every year on or before in cach year©. Application for grant of exclusive in form - PCT stands for ant of product patent for drug ¢ of the Patents Act, 1970 £ The date of every f. he The a marketing right sh a (PEA under n be filed under s amended). Y patent shall be the date of the filing of the fees shall be payable in respect of a patent of addition, imum number of designation fees le under PCT i is USD — more than sheets. J. The request for examination of applica and rule 24(1) should be filed on form » if the international appli ion contain not ion for patent under section 118 20) Q4 Answer any 5 (five) carries equal marks), What is Register of Patents ? b. Name the PCT fees with the amoun Pay for filing an international application for patent under PCE Patent Office as Rece ‘ing Office (RO/IN). ©. What is an official Gazette ? d. A note on the time for putting an appl © What do you understand by the term per the Act? note on the advantage of the PCT, questions of the following (Each (an Indian applicant is required to ition in order of acceptance. “Exclusive Marketing Rights ” as Ls (13) QS. Stite the period (including extension if available) under the Patents Act, 1970 (as amended) and/or under the Patents Rules, 2003 for following acts, Quote relevant se prescribed form if any with fees, marks] performing the ‘ctions and/or rules and number of the [Answer any 5 (five), each carries equal For filing a request for examination of a1 5. For a request for termination of compul ¢. For filing an opposition to the grant of in application for patent. lsory licence, a patent after acceptance of the “omplete specification notified in the Official Gazette. a fer an application for the restoration of a patent, © Tor declaration as to inventorship of the invention. f Vor a request for sealing a patent, Q.6. Fill in the blanks. (Answ I, each carries equal marks) a The fee for filing a complete specification after provisi Specification is Rs. (750 /No fee /3,000) b. For applic: asa patent agent under rule 109 or 112is Rs, = (1,000 / 200 / 500) For transmittal fee for the international PCT, the At of Fees in rupees for (750/1,000:/ 1,500) ional application for patent under tural person(s) is Rs.per person(s) is Rs. lyin 1 patent outside India for in valu + (15000 / 1,500 / 3,000) 1 OF EPO is 4. Full form of ISA under POT iy For filing an exte specification und (250/500 1,000) Nh, The fees for filing a declaration as to is Rs. - « (750/ No fee /3,000) i, The fees for filing a statement and undertaking under section § - (780 / No fee 13,000) ferm of every patent granted after the commencement of the Patents (Amendment) , Act 2002 shall be (7114/20) 1¢ for one month for filing a complete r see 91) by a natural person is Rs ventorship under rule 13(6) HIS. ¢ (End of the document)The ition a tents Net, 1970 fying, ivan der Section 126 of the Patents Act, 1970 (As amended and along with the Patents Rules, 2003) Drafting and interpretation of Patent specification and other Documents, i r SF (All questions are be answered) (Maris of each question are indicated ut the end of the question) NOVEMBER, 2003 Paper UL Time —2'4 Hours ? ‘Total Marks ~ 100 Q. lt Answer any 5 (five) questions (each question earries equal marks) a) b) ) a Your clients application for Patent bas been filed on April 01, 2003, Now Aue to introduction of section 118, a request for examination is nec ssary to proceed further with the application, moreover publication of application under section 11A is also duc. In view of the above write an intimation letter fe your client with the information about various proceedings under the Act, Your client, a pharmaceutical company from Mumbii who has filed an 'pplisation for Patent under Section 5.(1) of the Act, is now accepted and notified in the official Gazette, ‘The term of patent is now 20 years from the ate of filing in place of 7 years from the date of patent. Advise your client About the information and further requirements. ‘Your associate from Canada informs you that their client is interested in Ailing @ national phase application for patent in India, Advise your associate regarding requirements of the Patent Office for filing the same in India, ee client M/s. ABC a partnership firm whose partners are Mr. Amar, Mr. Sabbar and Mr. Chunilal, 75, Cross road, Mumbai informs you that they ar interested in filing an international application for patent under PCT as first filing. Advise you client regarding the time period, various fees, necessary documents and other requirements under PCT for filing the same: You have received the first statement of objections from the Patent Offiee for epplication for Patent of your client stating amongst other objections that “the alleged invention relating to atomic energy is not patentable under svction 4 Of the “Act”. Write a fetter to your client explaining the consequences thereof and further actions, which you are likely to take on the Your client Mr. K.K. Rao from Hyderabad informs you that he wishes to tile 40 application for patent outside India and enquires about the procedure for chtaining prior permission of the Govt. of India, Write a lette yourelicnt explaining about the reintroduce 20.05.2003 by the Patents (Amendune with wetivn to be take n of the section 39 with effect from ) Act, 2002 and the contents thereof, (55) Q2, Your elient “SONJA INCORPORATED” Laws of the stile of Minnexotu, USA, Minnesota 777, USA requesis you 10 (GPA) under the Patents Act,1970 for ty their inventions on your name, P may send to your client, 8 corporation aud existing under the of 251 Outer Road, Minneapolis, nd a General Power of Authority is authorization for protecting all of Tepare the required GPA under the Act, you ( Q-3, Your client M/S XVZ timited, 2-5 kK: ‘sumigaseki 3-chome, Chiyoda-KU, Tokyo, a Japanese company, furnishes the following information: OurR& D unit has developed an improved brocess for the preparation of 1,3- Aialky limi (OMD which is 2 very useful subs DML fone solvent and forms complex with many inorganic salts. The product DMLis an excellent solven: nolecular weight substances and also used as solvent for many organic reactions, ‘The production of ance as a polar, nidazolidinone by reacting ethylenediamine with urea has lly possible, but itis not easy to dialkyiate 2- Imidazolidinone into 1,3-dialky'-2-imidazolidinone, Further in the case of the Production of DMI by reacting N,N'-dimethylethylened: mine with urea, yield is so low that the process has been commercially unsatisfactory, Wihere R represents ~CHs, -Coly, -Cylly or Cyl, 30 the object of the invention is to provide improved Process for producing 1,3- dialkyl-2-imidazolidinone directly from N,N’-dimethylethylenediamine and Na high yield having prolific commercial productivity, thar elle OF the process is given below, bu thie invention is: not d (0 that only. . Jxample ‘{nto 4 500 mlsicel autoclave: were fed N,N“-dimethy! 88.12, 1.0 mol “pto 210°C unifor sly over about 30 minutes and reaction was carried out at the (etnperature for 3 hours, The pressure inside the ystem reached 14.5 Fu/en?G as the highest pressure, Atter e pletion of the reaction, the reaction Huid was distited aud about 2/3 of the quantity of DMI was’ distilled off, Stystals deposited in the still resid © was filtered off, followed by successively cistilling the ¢ to oblain i DMI n (192.78) having a purity of 99.5% according £0 gas chromatography (yield: 80.8%), thylenedi Hid urea (61.18, 1.0 niol). The resetiy, temperature was raised mine All the above relevant features ef the invention st fated should be Protected by PAtent in single application, Draft complete specification tor he process of above said invention to be filed in India, Yeur client M/S ABC timited, Im Stadtsfeld 90, 4370 Dorsten company, furnishes the following information: Our company has invented a new aerating device +2 German The solid Particles which are less easily wetted become attached to air bubble Which are generated is by means of gasifiers, injectors or reaztor attached to the air bubbles ar usually discharged Over the edge of the separating or Moatatiqn vessel. To facilitate the attachnea of solid particles to the air bubbles ig Moatation, itis desirable to keep the i2e of air bubbles ay small as possible ital the neration devices which results in igh consumption of energy and having low degree of selectivity for tha attachment, Mle invented device dispenses with the above di device as per the invention allows. h Process the specific energy consumption vantages. The aeration ‘er degree of selectivity and in the reduced, The tive device is illustrated in the Fig] of the Reference letters repre -conneeting flinge to slurry line, distribution one, lower part of the housing. aur chamber with annular air outlet, flange. dispersing stage. draying in whieh: tas under: 67---otipper part of the housing. S.--s.shelical fin for rotational Now, 9 oss. Molding device, 10. ...centeal section, Har channel 12..,..0xit Doint from the housing, “spacer rings to vary g outlet. g Qi cinlet diameter of the aeration device, Qa..maxinim diamet an annular injector 7) through which the liquid ins is arranged to form an el (11) together with the housing. The annular channel leads to alr outlet (4) located in the wall of housing; the cross section of the annular char uel is narrowest at the point of air out, Spenings which abruptly widens and merges int6 the mixing and Gispersing stage of the device extending up to the cuttet from the housing, The speciality of the invent tata! Section or to the upper scetion of the housin, POW on the axial flow of the sturry mixture which in turn is advantagepus in faeilitating the attachment of the Particles of solids to the air bubbles Teading to reduction in energy consumprog, Draft a complete specification, ‘OF Your elient including statement of élaims (draw ing enclosed), G0) (TOTAL PAGES — 5, INCLUDING THE DRAWING ¥ (Bnd)