Assertion (A) : Amended Patent Act, in compliance with WTO, provides for grant of product patent as well as a process patent for a period of 20 years from the date of application. Reasoning (R) : Under the Act, patent may be granted to an invention which means a new product or process involving an inventive step and capable of industrial application, a technical advance over existing knowledge. Codes :
Both (A) and (R) are true and (R), is correct explanation to (A).
To meet its TRIPS obligations under the WTO, India amended the Patents Act, 1970 (amendments of 1999, 2002 and 2005), introducing product patents in all fields of technology alongside process patents.
Assertion (A) is true: Section 53 fixes the term of every patent at 20 years from the date of filing of the application.
Reasoning (R) is true: Section 2(1)(j) defines an invention as a new product or process involving an inventive step and capable of industrial application, and the inventive step means a technical advance over existing knowledge.
R explains A: because the Act now treats a new product as well as a new process as an invention, patents (each for 20 years) can be granted for both products and processes.
Hence, the answer is Both (A) and (R) are true and (R), is correct explanation to (A)..
Similar Questions
Which of the following have been recognised under the intellectual property eligible for creation of rights as per WTO mandate ?
(a) Computer software, music disc, performing art
(b) Geographical indicator
(c) Global positioning system
(d) Journals, books, seeds, design, brand
Codes :
Important Questions from Intellectual Property Rights (IPRs)
- The subjective matter of 'property' is used by Sale of Goods Act refers to __________.
- What is the validity period of patent as per Patent (Amendment) Act 2006 ?
- "If one's artistic expressions are synonymous with one's personality, then they are deserving of protection just as much as the physical person. "
The above observation is true about which theory of intellectual property? - The Preamble to Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) lays down
(a) public policy objectives of national system
(b) special needs of the least developed countries
(c) resolving IP disputes through multilateral procedures
(d) establishing mutually supportive relationship between WTO and WIPO
Which of following is/are true? - Super Cassettes Industries Ltd. Vs. Myspace Inc. 2011 is a leading case on the Copyright Act, 1957 dealing with which section of the Act?
