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Question

Which of the following Section of the Patent Act, 1970 provides for the subject matters that are not invention under the Act?

The correct answer is
Section 3

The question asks which section of the Patent Act, 1970, specifies the subject matters that are not considered inventions under the Act. Let us examine each option:

  1. Section 7: This section deals with the form and manner of making applications for patents. It specifies the procedure for the submission of patent applications. It is not related to subject matters that are not inventions.
  2. Section 3: This section is indeed the relevant part of the Patent Act, 1970, which lists the subject matters that are not considered inventions. It details exclusions from being classified as inventions, including discoveries, scientific theories, mathematical methods, literary works, and more.
  3. Section 10: This section concerns the contents of specifications of patents, including what these must contain and how they should be filed. It does not address non-inventions.
  4. Section 11: This section pertains to the publication of applications and not the exclusion of certain subjects from being considered inventions.

Therefore, the correct answer is Section 3. This section specifically delineates what is excluded as an invention under the Indian Patent Act.

In conclusion, Section 3 of the Patent Act, 1970, provides clarity on what cannot be patented in India by listing any exclusions or what is deemed non-inventive. This understanding is crucial for anyone preparing for exams in Law or related subjects.

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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. 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:
  4. Powers and procedures of the Copy right board of the Copy right Act 1957 comes under which Section ?
  5. Which of the following is excluded from copyright protection under Section 13 (5) ?
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