A. Invention relating to atomic energy are not patentable.
B. Originality and novelty are pre-requisites for patentability.
C. IPAB (Intellectual Property Appellate Board) deals with all types of IPR disputes currently in India.
D. A patent is valid for 20 years.
Choose the correct answer from the options given below:
This section analyzes the statements concerning the Indian Patent Act, 1970, to identify the incorrect ones as per the question.
This statement is correct. The Indian Patent Act, 1970, specifically excludes inventions related to atomic energy from patentability, as outlined in Section 3(p).
As indicated by the correct answer, this statement is considered incorrect. While novelty is a crucial requirement, patentability fundamentally requires the invention to be novel and involve an inventive step (i.e., be non-obvious). The term 'originality' itself might be deemed insufficient or less precise than 'inventive step' in the context of patent law prerequisites.
This statement is incorrect. The Intellectual Property Appellate Board (IPAB) was abolished in 2021. Consequently, IPAB does not currently handle IPR disputes. Appeals related to patent matters are now filed with the respective High Courts.
This statement is correct. Generally, patents granted under the Indian Patent Act, 1970, have a validity period of 20 years from the filing date of the patent application.
Based on the analysis:
Therefore, the combination of statements B and C represents the incorrect statements regarding the Indian Patent Act, 1970.
| LIST-I Type of IPR | LIST-II Concept |
|---|---|
| A. Geographical Indication | I. Post grant opposition |
| B. Trademark | II. Protection of Right Management Information (RMI) |
| C. Patent | III. Prohibition of Assignment |
| D. Copyright | IV. Honest Concurrent use |