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Question

Arrange the following provisions pertaining to procedure of granting patent (section-wise) in its correct sequence.
A. Time for putting application in order for grant
B. Request for examination
C. Publication of application
D. Priority date of claims of a complete specification
E. Mention of inventor as such in patent
Choose the correct answer from the options given below:

The correct answer is
D, C, B, A, E

Understanding the Patent Grant Procedure Sequence

The process of granting a patent involves several distinct stages. Arranging these stages in the correct chronological order is essential for understanding how intellectual property rights are secured. Let's break down the key provisions mentioned and place them in their correct sequence according to the typical patent granting procedure.

Step-by-Step Breakdown of Patent Provisions

  1. Priority Date of Claims of a Complete Specification (D):

    The process begins with establishing the 'priority date'. This date is crucial as it determines the state of the art against which the novelty and inventive step of the invention are assessed. It's typically the date the complete specification is filed or the date claimed under international convention.

  2. Publication of Application (C):

    After the initial filing and establishing the priority date, the patent application is typically published. This usually occurs after a specific period, often 18 months from the priority date. Publication makes the application details public and allows third parties to inspect it.

  3. Request for Examination (B):

    Following the publication of the application, the applicant must formally request a substantive examination of the invention. This request must be filed within a prescribed timeframe after the publication date. Without this request, the application is generally considered withdrawn.

  4. Time for Putting Application in Order for Grant (A):

    Once the examination process begins, the patent office issues an examination report detailing any objections or requirements. The applicant is given a specific period to respond to these objections, amend the claims if necessary, and generally put the application in order for the grant of the patent. This involves addressing all the examiner's points.

  5. Mention of Inventor as such in Patent (E):

    Finally, after the application has been examined, objections are met, and the patent is deemed allowable, the patent is granted. The grant document includes details about the invention, the patentee, and importantly, the inventor(s). Mentioning the inventor is a formal step completed upon the grant of the patent.

Correct Sequence Summary

Based on the procedural steps, the correct sequence for the given provisions is:

  • Priority date of claims (D)
  • Publication of application (C)
  • Request for examination (B)
  • Time for putting application in order for grant (A)
  • Mention of inventor as such in patent (E)

Therefore, the correct sequence is D, C, B, A, E.

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Important Questions from Intellectual Property Rights

  1. Match the LIST-I with LIST-II
    LIST-I Type of IPRLIST-II Concept
    A. Geographical IndicationI. Post grant opposition
    B. TrademarkII. Protection of Right Management Information (RMI)
    C. PatentIII. Prohibition of Assignment
    D. CopyrightIV. Honest Concurrent use

    Choose the correct answer from the options given below:
  2. Which of the following theory/theories is/are not closely connected to intellectual property rights?
    A. Economic Theory
    B. Autopoietic legal Theory
    C. Social Planning Theory
    D. Instrumentalist Theory
    E. Social Contract Theory
    Choose the correct answer from the options given below:
  3. Powers and procedures of the Copy right board of the Copy right Act 1957 comes under which Section ?
  4. Which of the following is excluded from copyright protection under Section 13 (5) ?
  5. In India, the term of every utility patent granted shall be of ________ years.

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