ROLL NO.

SET - A

PATENT AGENT EXAMINATION, 2025

(Under Section 126 of the Patents Act, 1970)

Paper I

Time: 10.30 a.m. to 12.30 p.m. (Two Hrs.) Max. Marks: 100

Instructions:

1. This paper consists of 5 parts: Part A (30*2=60 marks ),

Part B1 (5*1=5 marks), Part B2 (5*1=5marks), and

Part C1 (5*3=15 marks), Part C2 (5*3=15 marks)

2. ALL questions are compulsory.

3. Candidates should read the questions very carefully before answering.
4. No clarification will be provided during the course of the examination on any technical/legal
matter.
5. There is no negative marking.
6. All references to "Act" and "Rules" may be read as The Patents Act, 1970 and The Patents Rules,
2003 respectively, as amended until now and their related applications, except when it is
specifically referred to The Designs Act, 2000 and The Designs Rules, 2001, as amended.
7. All situations/scenarios given in the questions are hypothetical.
8. Wherever date is mentioned, it shall be treated to be in dd/mm/yyyy format.
9. No candidate should leave or will be allowed to leave the Examination Hall (i) till the completion
of the half of the time for the examination; (ii) without signing the Attendance Sheet; and (iii)
without properly handing over her/his OMR sheet / Answer Booklet to the Invigilator.
10. In case any candidate wants to leave the examination hall before completion of the prescribed
time of the examination then she/he can do so by surrendering the question paper.

PART A

Part A comprises of 30 Multiple Choice Questions of 2 marks each where only one Option is
correct. Select the most appropriate answer

1. Mr. Shatrughan is an Associate Professor in Eminent College of Engineering. He filed two

patent applications, A1 on 19/02/2024 and A2 on 20/03/2024. On 05/11/2024, during an IPR
Awareness Program in his college, he came to know that for a patent application to be
examined, a request for examination must be filed. What would be the prescribed timeline for
filing Request for Examination for both his patent applications:
A. Before 19/09/2026 for A1 and Before 20/10/2026 for A2
B. Before 19/02/2028 for A1 and Before 20/03/2028 for A2
C. Before 19/09/2026 for A1 and Before 20/03/2028 for A2
D. Before 19/02/2028 for A1 and Before 20/10/2026 for A2

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2. Innovate Pharmaceuticals patented a drug which is immensely important for public health in
India. Medvate Corporation, after three years of grant of the patent, was successful in getting a
compulsory license for the same product. However, another company PharmaWonders Inc.
which is also into drug manufacturing business and willing to enter into the same product
market gathered the data that even after the Compulsory License to Medvate Corporation, the
invention in the patent in question has still not been worked in India and the reasonable
requirement of the public has not been met. Which of the following could be a possible
situation under the provision of the Act?
1. PharmaWonders Inc. can only apply for a second CL but may not request for revocation of the
patent
2. PharmaWonders Inc. can file a request for revocation of the patent only after the expiration of two
years from the date of the order granting the first compulsory license.
3. Only Central Govt. is eligible to apply for revocation of a granted patent for which one CL is
already granted.
4. Both PharmaWonders Inc. and Central govt. may file a request for revocation of the patent but
only after three years from the date of the order granting the first compulsory license.
A. Only 1 B. Both 2 and 4 C. Only 2 D. None

3. Dr. Chinnappa Swaminathan is an ex-employee of Hydra Power Technology (HPT) and was
involved in development of Hydrogen technology. He recently came to know about a granted
patent obtained by HPT, in which he made a substantial contribution towards the claimed
subject matter during his employment. However, his name was not included as an inventor in
the granted patent register and complete specification. Dr. Chinnappa Swaminathan is willing
to explore the possibilities in the Patents Act to include his name as an inventor in the said
granted patent. He does not expect any support from the applicant HPT as their relationship is
no longer friendly. In this context which of the following is possible
A. Dr. Chinnappa Swaminathan can file a Form-8 to include his name as an inventor in the said
patent with a statement setting out the circumstances under which this application is made.
B. Only the applicant/patentee HPT can make a request on form 8 to include Dr. Chinnappa
Swaminathan and no other person.
C. Dr. Chinnappa Swaminathan must seek an approval/consent from the patentee HPT before
applying to include his name in the patent
D. Dr. Chinnappa Swaminathan’s name in the patent register and complete specification cannot be
included now

4. Which of the following ground(s) may NOT be used for availing “Grace period” provision
under the Patents Rules:
i. the display of invention occurred with the consent of the true and first inventor or a person
deriving title from him at an industrial or other exhibition to which the provisions of the Patents
Act have been extended by the Central Government by notification in the Official Gazette
ii. the publication of any description of the invention happened in consequence of the display or
use of the invention at any such exhibition

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 iii. the description of the invention in a paper read by the true and first inventor before a learned
society or published with his consent in the transactions of such a society,
A. Only (i) and (ii) B. Only (i) and (iii) C. Only (iii) D. None of the above

5. Your client comes to you and expresses his willingness to file an international application.
According to the laid down procedure, for international phase of the application, your client
(an Indian applicant) needs to choose a competent international searching authority. Govt. of
India had recognized few ISA as competent authority for Indian applicants. Which is NOT a
competent International Searching Authority under the Act for an Indian Applicant:
A. Australian Patent Office
B. Japan Patent Office
C. Austrian Patent Office
D. Swedish Patent Office

6. If
X: Known substance; Y: New form of a known substance;
P: New property or new use of a known substance;
A: Known process, machine, or apparatus;
C: Enhancement of known efficacy;
Cc represents the complement of C (meaning no enhancement of efficacy);
Thus, the set of Patentable and Non-patentable inventions under section 3(d) of the Patents Act, 1970
(as amended) can be summarized as:
A. Non-Patentable = (Y∩Cc)∪(P∪A);
Patentable = (Y∩C)∪(A∩(New Reactant))∪(A∪ (New Product))
B. Patentable = (Y∩Cc)∪(P∪A);
Non-Patentable = (Y∩C)∪(A∩(New Reactant))∪(A∪(New Product))
C. Patentable = (Y∩Cc)∪(P∪C);
Non-Patentable = (Y∩C)∪(A∩(New Reactant))∪(A∪(New Product))
D. None of above

7. Under the Designs Act, who is eligible for filing:

1. A petition for cancellation of a registered design a. Any person
2. Application for rectification of register of design b. Any person interested
3. Information regarding the existence of registration c. Any person
in respect of design
4. Inspection of and extracts from registers d. Any person aggrieved

A. 1-c, 2-a, 3-b, 4-d B. 1-b, 2-d, 3-a, 4-c C. 1-d, 2-b, 3- a, 4-c D. 1-a, 2-d, 3-c, 4-b

8. In the journal publication of IPO, a company InnoSol Corporation found that a design is
registered which is prejudicial to their business operation. The company therefore approached
you for help in order to file a petition for cancellation of the registered design. In this context,
which of the following statement(s)/ground(s) is/are applicable for such a petition?

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 1. Your client should be a person interested
2. The design has been published in some publication in USA and not in India prior to the date of
registration
3. Design is not new or original
4. The design contains a property mark

A. Only 2 and 3 B. Only 1 and 3 C. Only 3 and 4 D. All of the above

9. Mr Sunil designed a beautiful piece of jewellery and registered a design for the same on
01/01/2023. Few months later, Mr. Kamal came up with a substantially similar design, and is
willing to apply it on a different article of same class. Mr. Kamal sees a huge market and
business for the upcoming product and is desperate to obtain the design IP. In this context,
which of the following is possible under the Design Acts 2000
A. Mr. Kamal can register the same/substantially same design for a different article of same class
where a previous design is already registered by Mr. Sunil
B. Mr. Kamal will have to become a registered proprietor of the design previously registered by Mr.
Sunil, then only the second design as mentioned above may be registered.
C. Irrespective of proprietor of the registered design, the earlier registered design will always be
prejudicial to the newness or originality of any later applied similar design.
D. All of the above

10. Prof. Ranganathan found that one of his students had patented his research work without
including his name. You, as his Patent Agent successfully proved during a post-grant
opposition proceeding that the invention so far as claimed in any claim of the complete
specification was wrongfully obtained from Prof. Ranganathan in a manner set out in clause
(a) of sub-section (2) of section 25. Hence the controller ordered for revocation of the granted
patent. Now, in order to amend the patent in the name of Prof. Ranganathan, you are required
to file form __________ within ___________ months.
A. 10, 6 B. 12, 3 C. 17, 3 D. 15, 6

11. A patent having a priority date 01/06/2023 was filed in patent office on 01/01/2024. The
controller had marked the application for secrecy u/s 35 and sought central govt. permission. A
communication was sent to the central govt.. Central govt., however, declared the application
to be non-prejudicial and consequently the secrecy direction was removed by the controller on
06/06/2024. In the given situation, when can the application be published:
A. Normally within Three months of 06/06/2024
B. Normally within One month of 01/06/2024
C. Normally within One month of 01/12/2024
D. Normally within Three months of 01/01/2025

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12. A foreign based MNC Enervate Corp filed a patent application on renewable energy systems.
During examination, the controller had a doubt that such a device is against the well
established law of nature and hence may not be industrially applicable. In order to clear his
doubt that the claimed device is not a perpetual motion machine (PMM), the controller asked
the applicant to supplement the complete specification with a working model illustrating the
alleged invention. In this context what would be permissible under the provision of the Act:
A. A complete specification is always a written document and controller may not ask for
additional model or sample to supplement it.
B. Controller may ask for model or sample, but that shall not be deemed to form part of the
complete specification
C. Controller can ask for model/sample only from the domestic applicants and not from the
foreign applicants.
D. None of the above is true as per the provisions of the Act

13. Which of the following is true in respect of registration of design of particular article under the
Designs Act:
1. A design may be registered in respect of any or all of the articles comprised in a particular class
2. Controller is the appropriate authority to decide the class of any article
3. A design application shall be invalidated on the ground of the design not being new, as the same
design was previously registered in respect of another article belonging to a different class of
articles.
4. There are 31 different classes and a miscellaneous class in the classification system for design
registration.
A. All are true B. Only 1, 2 and 3 are true C. None is true D. 1, 2 and 4 are true

14. Under the Patents Act, 1970, the provision of revocation of a granted patent in public interest
is an important aspect to balance the monopolistic rights with public interest. In reference to
the same, which of the following is the Correct option:
A. Where the Central Government or State Government is of opinion that a patent or the mode in
which it is exercised is prejudicial to the public, it may make a declaration to that effect in the
Official Gazette and thereupon the patent shall be deemed to be revoked.
B. Where the Central Government is of opinion that a patent was wrongly granted overlooking the
provisions of section 3 of the Patents Act, it may direct the Controller to revoke the same and
make publication to that effect.
C. Where the High Court is of opinion that a patent or the mode in which it is exercised is
mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an
opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon
the patent shall be deemed to be revoked.
D. Where the Central Government is of opinion that a patent or the mode in which it is exercised is
mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an
opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon
the patent shall be deemed to be revoked.

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15. A patent was granted to an invention titled “Storage facility” on 19/05/2022. On 22/08/2023, the
Central Government is satisfied that the granted patent is disguised in its title and in reality it
is for an invention relating to atomic energy for which no patent can be granted under sub-
section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962). In this regard, which of
the following(s) is/are correct statement(s):
i. Central Government may direct the Controller to revoke the patent,
ii. On direction of Central Government the Controller, after giving notice to the patentee and
every other person whose name has been entered in the register as having an interest in the
patent, and after giving them an opportunity of being heard, may revoke the patent.
iii. The Controller may allow the patentee to amend the complete specification in such manner as
he considers necessary instead of revoking the patent.
A. Only (i) B. Only (i) and (ii) C. All (i), (ii) and (iii) D. None of the above

16. If a patent application fails to disclose or wrongly mentions the source or geographical origin
of biological material used for the invention, which of the following action is NOT possible:
i. A pre-grant opposition may be filed against such application for patent on this ground
ii. It can be used as a ground for filing post-grant opposition
iii. A petition for revocation can be filed on this ground
iv. Controller can suo-moto revoke such patent, if already granted
A. Only (iv) B. Only (i) and (ii) C. Only (i), (ii) and (iii) D. None of the above

17. A patent was granted on 10/06/2022 to CanSonPvt. Ltd. On 03/08/2022, they issued a cease-
and-desist notice to its competitor Alma Private Limited, stating that the latter's planned
product "KONDUCT" infringes on their patent for the composition sold under the name
"REWIRE". CanSon asserts exclusive rights granted under the Patents Act, 1970, which of the
following statements is correct?
A. Alma Private Limited has sufficient time to file a post grant opposition on the grounds of the
cease-and-desist notice dated 03/08/2022
B. Alma Private Limited has sufficient time to file a post grant opposition under section 25(2) of
the Act on the grounds listed in clauses (a) to (k), and on no other grounds
C. Alma Private Limited has sufficient time to file a post grant opposition under section 25(1) of
the Act on the grounds listed in clauses (a) to (k), and on no other grounds
D. None of above

18. In an infringement suit, your client managed to convince the court that part of the claims of the
Patentee is wrongfully obtained from him. What could be the possible consequences of the
above situation under the provision of the Act:
i. The patent shall be revoked in totality
ii. The patent shall be amended excluding the claims in contest
iii. The entire Patent right may be shifted/granted to your client in a petition
iv. A Patent may be granted to your client for the claims wrongfully obtained by the patentee.
A. Only i and iii B. Only ii and iv C. Only ii and iii D. Only i and iv

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19. An Indian resident Dr. Pandit filed a patent application with the European Patent Office
(EPO) on January 1, 2022. The application entered into India through the conventional route
on December 23, 2022. After receiving a First Examination Report (FER), the applicant
received an objection related to the written permission under Section 39, which requires prior
permission for filing patents outside India. In response to this objection, the applicant
submitted a request for post facto permission under Section 39 by filing form 25 after receiving
the FER. Which of the following statements is correct?
A. Post facto permission under Section 39 can be obtained by filing Form 25 when the application
has entered India through the conventional route.
B. Permission under Section 39 by filing Form 25 is required only for PCT applications.
C. His application for a patent under this Act shall be deemed abandoned under Section 40.
D. There is no need to obtain permission under Section 39 when the application has entered India
through the conventional route.

20. Ms. Shivagami Devi has qualified the patent agent exam and wants to get her name registered
in the Patent Agent Register. She will file her details by filing___________. Later after 4 years,
due to not filing of the fee, her name was removed from the register. She rectified the mistake
and wants her name to be restored in the register. She needs to apply for the same on
________.
A. Form-22, Form-23 B. Form-23, Form-22 C. Form-22, Form-20 D. From-21, Form-20

21. Mr. Sundaram makes an application for registration of a design under certain class. However,
due to some negligence on the part of the applicant, the application got abandoned. However,
he decides to make a fresh application again for the same design. In this context, which of the
following is/are true
1. The first application shall become a prior art for the fresh application.
2. Once abandoned, it was not possible to make a fresh application for the same design.
3. It is possible to make a fresh application on the same design if the earlier application is
abandoned, and the earlier one may not be a prior art.
4. It is not possible to make the fresh application in the same class.
A. All of the above B. Only 3 C. Only 3 and 4 D. Only 1, 2 and 3

22. Which of the following ground of revocation is not a ground of post grant opposition?
A. that the subject of any claim of the complete specification is not an invention within the
meaning of this Act;
B. that the invention so far as claimed in any claim of the complete specification is obvious or
does not involve any inventive step, having regard to what was publicly known or publicly
used in India or what was published in India or elsewhere before the priority date of the claim;
C. that the applicant contravened any direction for secrecy passed under section 35 or made or
caused to be made an application for the grant of a patent outside India in contravention of
section 39;
D. None of above

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23. As per the definition provided in the Patents Act, 1970 (as amended), "capable of industrial
application", in relation to an invention, means that the invention is capable of being
_________ or _______ in __________;
A. manufactured, used, an industry
B. made, utilised, an industry
C. produced, exported, an industry
D. made, used, an industry

24. A demand for international preliminary examination may be filed at any time prior to the
expiration of:
A. 3 months from the date of transmittal of the ISR and WO of the ISA, or 22 months from the
priority date, whichever time limit expires later
B. 3 months from the date of transmittal of the ISR and WO of the ISA, or 22 months from the
priority date, whichever time limit expires earlier.
C. 6 months from the date of transmittal of the ISR and WO of the ISA, or 22 months from the
priority date, whichever time limit expires later
D. 3 months from the date of transmittal of the ISR and WO of the ISA, or 20 months from the
priority date, whichever time limit expires later

25. According to the prevailing major classification systems observed in patent publications
globally, match the system of the classification to that of the example
Classification system Example
1. IPC (a) 57/224
2. CPC (b) Y02A 10/00
3. FI/F-Term (c) G06F 1/16
4. US Classification (d) G06F 1/16 312M 5E322
A. 1-c, 2-a, 3-d, 4-b B. 1-c, 2-b, 3-d, 4-a C. 1-c, 2-b, 3-a, 4-d D. 1-b, 2-c, 3-a, 4-d

26. Xeronious Corporation is willing to start working on a 6G technology. It came to know that
Yashobhav Inc. has filed a patent application on a similar technology. However, the patent
office is yet to examine the application as no Request for Examination (RFE) was filed by
Yashobhav Inc. yet. In order to decide whether to enter into working in that particular
technology, Xeronious Corporation decides to file a request for examination for the patent
application filed by Yashobhav Inc.. In this context, which of the following is true:
A. Xeronious Corporation is not eligible to file RFE for an application filed by company
Yashobhav Inc.
B. Xeronious Corporation can file RFE, however, the examination report will be sent to the
applicant, i.e. Yashobhav Inc..
C. Xeronious Corporation can file an expedited RFE for an application filed by company
Yashobhav Inc., but it cannot file a normal RFE.
D. None of the above is true

27. Dr. Ramaswamy has obtained an exclusive license for a patent from the original patentee, Ms.
Priya. After a few months, Dr. Ramaswamy notices that a third party is infringing the patent
rights covered under his exclusive license. He decides to take legal action. Based on provisions

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 of the Patents Act, 1970, which of the following is/are true about Dr. Ramaswamy's legal rights
in this situation?
i. Dr. Ramaswamy can sue the infringer and has the same right as Priya (the patentee) to take
legal action.
ii. The court will ignore any potential losses Dr. Ramaswamy may have incurred due to the
infringement when awarding damages.
iii. Ms. Priya may be added as a defendant in the lawsuit, unless she is already part of the case as
a plaintiff.
iv. Ms. Priya, once added as a defendant, will automatically be liable for the legal costs,
regardless of her participation in the case.
A. Only (i) and (ii)
B. Only (i), (iii) and (iv)
C. Only (i) and (iii)
D. Only (ii) and (iv)

28. An invention relates to an ophthalmic solution container with a laminate structure consisting of
an inner layer of cyclic olefin interpolymer with a thickness of 500 μm and an outer layer of
polyethylene resin with a thickness of 1,500 μm. Prior art document D1 discloses a squeeze
bottle with a layered structure, including an inner layer of cyclic olefin interpolymer of 500 μm
thickness and an outer polyethylene layer. The total thickness of the bottle is 2,000 μm. Which
of the following is most accurate regarding the novelty of the claimed invention under Section
2(1)(j) of the Patents Act?
A. The invention lacks novelty over D1 because D1 discloses all the essential features of the
claimed ophthalmic solution container.
B. The invention is novel over D1 because D1 does not disclose the exact thickness of the outer
polyethylene layer.
C. The invention is novel over D1 because D1 does not disclose the total laminate thickness.
D. None of the above.

Candidates must go through the following scenario and answer questions 29 and 30 based on the
same:

Dr. Bhuvan has invented a cradle made of titanium which has a swing and five or more supporting
structures, wherein the fifth support is strategically positioned to provide better stability and safety. The
cradle has provisions for hanging toys and it can be folded up. Claim 1 of Dr. Bhuvan’s patent
application as filed reads:
“A cradle comprising a plurality of supporting structures and a provision for hanging toys”.
Patent Office has found the following documents in prior art search:
D1: describes a foldable wooden cradle with four supporting structures having hanging hooks for toys
D2: describes a non-foldable titanium cradle with four supporting beams
D3: describes a non-foldable aluminium cradle with four supporting beams having plurality of hanging
hooks
Dr. Bhuvan has amended his claim and has drafted the following three versions of claim:
1. “A titanium cradle comprising a plurality of supporting structures and a provision for hanging
toys”

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 2. “A foldable titanium cradle comprising at least five supporting structures and a provision for
hanging toys”
3. “A foldable titanium cradle comprising a plurality of supporting structures and a provision for
hanging toys”

29. Which of the above version(s) of amended claim would be new over the above mentioned
documents?
A. 1 only B. 1 and 2 only
C. 2 and 3 only D. All above claim versions are new

30. Which of the above version(s) of amended claim would be non-obvious over the above
mentioned documents?
A. 2 only B. 1 and 2 only
C. 2 and 3 only D. All above claim versions are non-obvious

PART B

Part B1 comprises of 5 marks and consists 5 Multiple Choice Questions related to “Assertion and
Reasoning” with 1 mark each. Only one option A, B, C or D should be marked as given below:
A. When Both (A) and (R) are true, and (R) is a correct explanation of (A)
B. When Both (A) and (R) are true, but (R) is NOT a correct explanation of (A)
C. When (A) is true but (R) is false
D. When (A) is false but (R) is true

31. Assertion (A): In India, for filing a divisional application existence of plurality of inventions is not a
sine qua non.
Reasoning (R): A patent applicant may suo-moto file a divisional application in respect of an
invention disclosed in the provisional or complete specification or an already filed divisional
application.

32. Assertion (A): In India, a sequence listing must be submitted as part of the patent application when
the invention involves a nucleotide or amino acid sequence.
Reasoning (R): The requirement for a sequence listing is intended to ensure that the patent office can
properly assess the novelty and inventiveness of biotechnological inventions based on specific
sequences.

33. Assertion (A): A stamp or label can be considered an article for the purpose of registration of design
under the Designs Act, 2000
Reasoning (R): Article must have its existence independent of Design applied to it.

34. Assertion (A): The TRIPS agreement is often seen as both a protector of intellectual property and a
tool for equitable access.
Reasoning (R): The design of TRIPS agreement, while promoting a global standard for protection of
intellectual property rights, also provides countries with the flexibility to prioritize essential goods,
public health and economic development based on local needs.

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35. Assertion (A): The publication of a patent application is an important step in the patent
administration system.
Reasoning (R): The publication of a patent application provides the public with information about
the invention before the grant of a patent with the option for opposition as per the Act.

Part B2 comprises of 5 marks and consists 5 Multiple Choice Questions related to True/False type
questions with 1 mark each. Only one option A, B, C or D should be marked as given below:

A. When Statement 1 is True, and Statement 2 is False

B. When Statement 1 is False, and Statement 2 is True
C. When Both Statements 1 and 2 are True
D. When Both Statements 1 and 2 are False

36. Statement 1: No suit or other proceedings shall be commenced in respect of an infringement

committed before the date of grant of the application for patent.
Statement 2: It shall not be competent for any person in a suit or other such proceeding to take any
objection to a patent on the ground that a patent has been granted for more than one invention.

37. Statement 1: Only the registered proprietor of a design may obtain a certified copy of any registered
design.
Statement 2: In one particular design application, a design can be registered for more than one class.

38. Statement 1: In India, the duration of grace period in Designs Act is same as is the Patents Act,
when exhibited in the Govt. notified exhibitions.
Statement 2: In a registered design, the registered proprietor of the design has copyright of the
design for 10 years which is extendable for a further period of 5 years.

39. Statement 1: As per definition provided in the Patents Act, a “patented article” includes the article
which utilizes patented ingredients.
Statement 2: As per definition provided in the Patents Act, a “patentee” includes non-exclusive
licensee.

40. Statement 1: A patent of addition application can be filed on another patent of addition application.
Statement 2: A patent of addition can only be granted after the main application is granted.

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 PART C
Part C1 comprises 15 marks with 5 questions, each of 3 marks.

41. With reference to various schemes/programmes related to intellectual property, match the
following and select the right option below-

1. CIPAM a. WIPO support programme for innovators in developing countries

2. NIPAM b. IP programme for Higher Educational Institutes

3. TISC c. IP Awareness mission programme

4. IP Saarthi d. Professional Body for IP promotion

5. KAPILA e. Technology enabled IP Assistant

A. 1-d, 2-c, 3-a, 4-e, 5-b C. 1-c, 2-d, 3-b, 4-e, 5-a
B. 1-d, 2-c, 3-e, 4-a, 5-b D. 1-c, 2-d, 3-e, 4-b, 5-a

42. The Patents Act, while extending certain rights to the patentee, also includes certain exceptions
and limitations to balance the exclusive rights. In this context, match the subject of
exclusion/limitation to the appropriate availability and sections as given below-

Subject Availability of provision in

the Act/Rules
1. Acts for making a patented product for obtaining a. No Explicit provision
regulatory approval from authorities, not an
infringement
2. Experimental use and/or scientific research not meaning b. Section 107A(b)
infringement
3. Use of articles on foreign vessels, aircrafts and land c. Section 107A(a)
vehicles without infringing the patent rights, not an
infringement

4. Exhaustion of patent rights when imported by any d. Section 47(3)

person from a duly authorized person under the law
5. Exceptions and limitations related to farmers’ and/or e. Section 49
breeders’ use of patented inventions
A. 1-c, 2-d, 3-e, 4-b, 5-a B. 1-b, 2-d, 3-e, 4-c, 5-a
C. 1-d, 2-c, 3-e, 4-b, 5-a D. 1-d, 2-a, 3-e, 4-b, 5-c

43. Match the following case laws and related subject matter that was highlighted in them:
1. Microfibres Inc. v. Girdhar & Co (a) Regulating Conduct of Patent/TM
Agents for negligence
2. Saurav Chaudhary v. Union of India & ANR (b) Indian Jurisprudence related to
Standard Essential Patents (SEP)/
Fair Reasonable and Non-
Discriminatory (FRAND)

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 3. Syngenta v. Controller of Patents (c) Copyright and Design overlap,
exclusivity and 50 times rule
4. Telefonktiebolaget Lm Ericsson (Publ) v. (d) Divisional application contents
Lava International Ltd. and condition of filing
5. Reckitt Benckiser (India) Ltd. v. Wyeth Ltd. (e) Newness and originality of
designs
6. Whirlpool of India Ltd. v. Videocon (f) Right to owner of design for
Industries Ltd. application to articles
A. 1-c, 2-a, 3-d, 4-b, 5-e, 6-f B. 1-e, 2-a, 3-d, 4-b, 5-f, 6-c
C. 1-a, 2-c, 3-b, 4-d, 5-f, 6-e D. 1-d, 2-c, 3-a, 4-b, 5-e, 6-f

44. Under the provision of the Patents Act and Rules, failure to comply certain requirements may
lead to possible consequences with patent application/granted patents. In this context, match
the following
Action Possible Consequence
1. Complete Specification not followed within 12 a. Deemed to be revoked
months of Provisional Specification
2. Contravention to any direction of secrecy b. Deemed to be withdrawn
3. Govt. opines patent as generally prejudicial to c. Deemed to be abandoned
public after due procedure
4. International application not entering in national d. Deemed to have been
phase in India within prescribed time abandoned
5. The patentee does not desire to contest or leave e. Deemed to have been revoked
his reply and evidence against post grant
opposition within prescribed time
A. 1-b, 2-c, 3-d, 4-a, 5-e B. 1-c, 2-b, 3-d, 4-a, 5-e
C. 1-c, 2-d, 3-a, 4-b, 5-e D. 1-d, 2-c, 3-a, 4-b, 5-e

45. The Designs Act, 2000 prohibits certain designs to be registered/published under various
sections of the Act. In this context, match the subject-matter to the appropriate section:

1. a chair design that is nearly identical to a classic iconic chair a. Section 4(b)
design that is protected in multiple countries and has won
international awards
2. a camouflage pattern applied to outdoor apparel having b. Section 46(a)
application in defense
3. a design application for a footwear which has a religious c. Section 35(1)
symbol engraved
4. a design application for fibre glass model of the Taj Mahal d. Section 4(a)
5. a design for luxury kitchenware featuring abstract shapes that e. Section 4(d)
subtly resembles nude human body parts
A. 1-c, 2-a, 3-d, 4-b, 5-e B. 1-e, 2-a, 3-d, 4-b, 5-c
C. 1-a, 2-c, 3-b, 4-d, 5-e D. 1-a, 2-b, 3-c, 4-d, 5-e

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 Part C2 comprises 15 marks with 5 questions, each of 3 marks.

46. You have a foreign client which is a company of small scale. While applying for patent in India,
the company wishes to take advantage of reduced fee being a small entity (as per the definition
in India). Which among the following is/are true?
1. Small entity fee benefit can only be taken by Indian SMEs as per MSME Act
2. Your client can take the advantage by filing any other supporting document in support of their
claim of being a small entity.
3. The foreign company can avail fee reduction benefit if they meet the criteria as defined for SME
in India
4. They need to file evidence of registration under MSME Development Act 2006
A. Only 1 B. Only 2 C. Both 2 and 3 D. Both 1 and 4

47. In the prevailing Patents Act and Rules made thereunder, for which of the following act(s), no
fee is prescribed:
i. Application for withdrawing a application
ii. Filing a statement regarding working of a patented invention on a commercial scale in India
iii. For preparation of certified copy of priority document and e-transmission through WIPO
DAS
iv. Transmittal fee for international application (for ePCT filing).
v. Surrendering a patent
A. Only (i), (ii) and (iii) B. Only (i), (ii) and (iv)
C. Only (i), (ii), (iii) and (iv) D. All (i), (ii), (iii), (iv) and (v)

48. After due examination process, a patent for efficiently cleaning polluted air and water was
granted to Mr. Samayveer on 19/05/2024. Mr. Samayveer comes to you for professional advice
regarding payment of renewal fees. Which of the following is/are correct advice to Mr.
Samayveer regarding payment of renewal fee:
i. To keep the granted patent in force, renewal fees shall be payable at the expiration of the
second year from the date of the patent or of any succeeding year and the same shall be
remitted to the patent office before the expiration of the second or the succeeding year.
ii. Since the patent is of the nature wherein it solves the public health related issues by
efficiently cleaning polluted air and water, there is no need to pay renewal fees for its
maintenance.
iii. Where the renewal fees payable in respect of two or more years is paid in advance through
electronic mode for a period of at least 4 years, a 20% per cent reduction in fee shall be
applicable for such renewal.
iv. There is only 10% reduction in fee shall be applicable in case of advance payment of renewal
fees for at least 4 years when the fee is paid through physical means of bank draft.
A. Only (i) and (ii) B. Only (iii) and (iv) C. Only (ii) D. Only (i)

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49. Which of the following act or order or power of controller as provided in the Patents Act or the
Designs Act and Rules is/are NOT appealable?
i. Controller may refuse to register a design being contrary to public order or morality under the
Designs Act, 2000
ii. Disposal of applications for extension of time by the Controller
iii. Controller terminates a granted compulsory license under section 84 on an application by the
patentee when the circumstance that gave rise to the grant of compulsory license no longer
exists
iv. Controller may, on application by an eligible person, order for rectifying the register of
design
v. Controller may give directions for prohibiting or restricting the publication of information
with respect to the invention when it appears to the controller that the invention is relevant for
defence of India
A. Only (i) and (ii) B. Only (iii) and (iv) C. Only (ii) and (v) D. Only (iv) and(v)

50. Recently WIPO Member States adopted WIPO Treaty on Intellectual Property, Genetic
Resources and Associated Traditional Knowledge. Which of the following is/are NOT correct
statement(s) with regard to the same:
i. The Treaty aims to enhance the efficacy, transparency and quality of the patent system with
regard to genetic resources and traditional knowledge associated with genetic resources, and
prevent patents from being granted erroneously for inventions that are not novel or inventive
with regard to genetic resources and associated TK
ii. It is first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as
local communities
iii. The Treaty establishes an optional patent disclosure requirement for patent applicants to
disclose the country of origin of the genetic resources and/or the Indigenous Peoples or local
community providing the associated TK, if the claimed inventions are ‘based on’ genetic
resources and/or associated TK.
iv. Patent offices would have obligation to verify the authenticity of such disclosures.
v. Patent applications filed prior to the entry into force of this Treaty would have a grace period
of twelve month to comply with the obligations of the treaty.
vi. This Treaty is open for signature by any eligible Party for one year after its adoption, i.e. up
to May 23, 2025. The Treaty will enter into force three months after 15 eligible Parties have
deposited their instruments of ratification or accession.
A. Only (ii) and (iv) B. Only (iii) and (iv) C. Only (iii), (iv) and (v) D. Only (vi)

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