Patent Act 1970

Patent Act 1970

Multiple Choice

________patent is granted for a particular manufacturing process

• Product patent

• Design patent

• Process patent

• Plant patent

Multiple Choice

Patent is valid for________years

• 10

• 15

• 25

• 20

Multiple Choice

Literary,computer programs etc.. can be protected by __________

• Patent

• Copyright

• Trademark

• Industrial design

Multiple Choice

______________is a monopoly right to a person who has invented a new and useful article or it is an improvement of an existing article .

• Copyright

• Trademark

• Patent

• industrial design

Multiple Choice

Person to whom the patent is granted and whose name is entered in the register of patent is called_____________

• Patentee

• Assignee

• legal representative

Multiple Choice

Who can apply for patent?

• True and first inventor

• Assignee of an inventor

• The legal representative

• Joint inventors

• All of the above

Types of patent application

• •Provisional Application

  
  

• •Ordinary or Non-Provisional Application

  
  

• •Convention Application

  
  

• •Patent of Addition

  
  

• •Divisional Application

  
  

Provisional Application

• also known as a temporary application

• under experimentation and isn’t finalized. 

• claiming priority

• invention requires additional time for development. 

• within twelve months from the date of filing a provisional application,complete specification should be filed

Ordinary or Non-Provisional Application

• depict the invention in detail

• Direct Filing

• Subsequent Filing

• 
  

• 
  

CONVENTION APPLICATION

• filed within the 12 months  in India

• convention application is the patent application which has already been filed in a country other than India and now the application for the same invention is being made in India

• the applicant is required to file the application in the Indian Patent Office within 12 months from date of the application so made in the convention country

INTERNATIONAL APPLICATION

• A single international patent application can be filed in order to seek protection for an invention in up to 142 countries throughout the world

• 
  

• 
  

Multiple Choice

International patent application is applicable for

• 142 countries

• 140countries

• 130 countries

Multiple Choice

Patentable invention should not fall under section

• 3 and 4

• 1 and 2

• 5 and 6

PATENT OF ADDITION

• The patent of addition can be filed anytime after filing the main patent or along with the main patent and it will only be granted after the grant of main patent. 

• The major advantage of filing for patent of addition is that you are not required to pay separate renewal fee for the patent of addition during the term of the main patent and it expires along with the main patent.

DIVISIONAL APPLICATION

• more than one invention 

• file for a separate patent application 

Types of patent

• Utility patent

  
  

• Design patent

  
  

• Plant patent

  
  

This includes aesthetic designs (design patents)

Products (utility patents)

Reproducing plants (plant patents).

Patentable Inventions and Non-Patentable inventions

Patentable Inventions

• Relates to a process or product or both  

• Be new (novel)

• Involves an inventive step

• Be capable of industrial application  

• Not fall under section 3 and 4

Section 3(a)

•Inventions contrary to well established natural

laws

Section 3(b)

*Contrary to  public order or  Morality

Example

 Device for house-breaking

*Causes serious effect to health or human, animal, plant life or to the environment

Examples

Biological warfare material or device,

weapons of mass destruction

Section 4 related to atomic energy

What is not patentable

• An invention which is frivolous (no use)

• An invention which causes serious effect to human, animal or plant life or health or to the environment

• discovery of any living thing or non-living substances occurring in nature

• The mere arrangement or re-arrangement or duplication of known devices

• A method of agriculture or horticulture

• Any method of performing a mental task or playing a game.

• Inventions pertaining to Atomic energy

• Computer programs

• A literary, dramatic, musical or artistic work, cinematographic works and television production