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Question

Which statements are incorrect with respect of Indian Patent Act, 1970?
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:

The correct answer is
B and C only

Patent Act 1970: Statement Analysis

This section analyzes the statements concerning the Indian Patent Act, 1970, to identify the incorrect ones as per the question.

Statement A Analysis: Atomic Energy Inventions

This statement is correct. The Indian Patent Act, 1970, specifically excludes inventions related to atomic energy from patentability, as outlined in Section 3(p).

Statement B Analysis: Originality and Novelty

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.

Statement C Analysis: IPAB's Current Role

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.

Statement D Analysis: Patent Validity Term

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.

Identifying Incorrect Statements: B and C

Based on the analysis:

  • Statement B is considered incorrect due to the specific requirements of novelty and inventive step, where 'originality' might be seen as imprecise.
  • Statement C is factually incorrect because the IPAB no longer exists.

Therefore, the combination of statements B and C represents the incorrect statements regarding the Indian Patent Act, 1970.

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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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