Topic 1: Rights and Obligations of a Patentee

1. What is the duration of the exclusive rights granted to a patentee under the Patents Act, 1970 (as amended)?
A. 10 years from the date of application
B. 20 years from the date of grant
C. 20 years from the date of filing
D. 15 years from the date of publication

✅ Answer: C. 20 years from the date of filing
Explanation: Section 53(1) of the Patents Act provides that the term of every patent granted is 20 years from the date of filing the application, irrespective of whether it is filed with provisional or complete specification.

2. A patentee has the right to:
A. Manufacture and sell the patented invention only in India
B. Use, sell, or license the invention
C. Only use the invention personally
D. Assign the patent but not license it

✅ Answer: B. Use, sell, or license the invention
Explanation: Under Section 48, a patentee has exclusive rights to prevent others from making, using, offering for sale, selling, or importing the patented product or process in India without consent.

3. What is one of the key obligations of a patentee after grant?
A. Disclose the invention to public only after 10 years
B. Submit working of patent statement annually
C. Renew the patent every 2 years
D. Keep the invention secret

✅ Answer: B. Submit working of patent statement annually
Explanation: Under Section 146 read with Rule 131, patentees must submit Form 27 annually, showing how the patent is being commercially worked in India.

4. Which of the following is not a right of a patentee?
A. Right to sue for infringement
B. Right to monopolize a law of nature
C. Right to license the invention
D. Right to assign the patent

✅ Answer: B. Right to monopolize a law of nature
Explanation: Laws of nature are not patentable under Section 3; thus, no patentee can claim rights over them.

5. The patentee’s right is subject to:
A. Compulsory license
B. Absolute monopoly
C. No restrictions whatsoever
D. Personal use only

✅ Answer: A. Compulsory license
Explanation: As per Chapter XVI (Section 84), the patent rights are subject to public interest, and the Controller can issue a compulsory license in certain situations.

Topic 2: Validity of Patent Not Guaranteed

6. Grant of a patent by the Controller:
A. Guarantees its absolute validity
B. Is conclusive evidence of inventiveness
C. Is prima facie evidence but can be challenged
D. Cannot be questioned by courts

✅ Answer: C. Is prima facie evidence but can be challenged
Explanation: The grant of a patent does not guarantee its validity. It can be challenged in revocation or infringement proceedings (Section 64).

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7. A granted patent can be revoked on grounds like:
A. Lack of novelty
B. Misrepresentation
C. Wrongful obtainment
D. All of the above

✅ Answer: D. All of the above
Explanation: Section 64 outlines various grounds for revocation, including lack of novelty, insufficient disclosure, wrongful obtainment, etc.

8. Who can file for revocation of a patent?
A. Only the patentee
B. Any person interested
C. Only a licensee
D. Only the government

✅ Answer: B. Any person interested
Explanation: As per Section 64(1), any person interested or the Central Government may apply for revocation of the patent before the IPAB or High Court.

9. The validity of a patent can be challenged through:
A. Infringement suit only
B. Civil suit for damages
C. Counterclaim in infringement suit or revocation petition
D. Only after expiry of patent term

✅ Answer: C. Counterclaim in infringement suit or revocation petition
Explanation: Section 64(1) allows revocation either as an independent petition or as a counterclaim in an infringement suit.

10. Patent Office granting a patent means:
A. Invention is valid beyond challenge
B. No one can oppose it
C. Only prima facie validity
D. Patent is enforceable only after 10 years

✅ Answer: C. Only prima facie validity
Explanation: Patent Office grant does not guarantee validity; it is subject to judicial scrutiny and challenges.

Topic 3: Patentable Inventions

11. Which of the following is not patentable in India?
A. A novel machine
B. A new chemical compound
C. A mathematical formula
D. A new drug formulation with enhanced efficacy

✅ Answer: C. A mathematical formula
Explanation: Section 3(k) excludes mathematical or business methods or computer programs per se from patentability.

12. What are the essential requirements for an invention to be patentable?
A. Novelty
B. Inventive Step
C. Industrial Application
D. All of the above

✅ Answer: D. All of the above
Explanation: Under Section 2(1)(j) & 2(1)(ja), an invention must have novelty, inventive step, and be capable of industrial application.

13. A mere discovery of a new property of a known substance is:
A. Patentable if disclosed properly
B. Not patentable under Section 3(d)
C. Automatically granted patent
D. Considered a technological advancement

✅ Answer: B. Not patentable under Section 3(d)
Explanation: Section 3(d) bars patents for new use or new property of known substances unless it results in enhanced efficacy.

14. Which of the following qualifies as a patentable invention?
A. A plant variety
B. A process for manufacturing a vaccine
C. A business method
D. A literary work

✅ Answer: B. A process for manufacturing a vaccine
Explanation: Processes, especially in pharma/biotech, are patentable if they meet the patentability criteria.

15. Which of the following is excluded under Section 3 of the Patents Act?
A. Process to purify a chemical
B. Scientific principle
C. New surgical instrument
D. Chemical compound

✅ Answer: B. Scientific principle
Explanation: Section 3(a) excludes scientific principles and abstract theories from patentability.

Topic 4: Secret Processes & Technological Know-how

16. Technological know-how is usually protected through:
A. Patent registration
B. Public disclosure
C. Trade secrets and confidentiality agreements
D. Government licensing

✅ Answer: C. Trade secrets and confidentiality agreements
Explanation: Know-how is not typically patented; it is protected through contractual confidentiality and non-disclosure agreements.

17. Secret processes can be:
A. Patented immediately
B. Disclosed without consequences
C. Kept confidential indefinitely without patent
D. Published under Section 8

✅ Answer: C. Kept confidential indefinitely without patent
Explanation: A secret process may be protected as trade secret, but the moment it is patented, it becomes public knowledge.

18. Which of the following is true about confidential know-how?
A. It must be registered with the patent office
B. It provides legal monopoly
C. It can be protected indefinitely
D. It is protected only under copyright

✅ Answer: C. It can be protected indefinitely
Explanation: Unlike patents, trade secrets/know-how can be protected for as long as confidentiality is maintained.

Topic 5: Inventions Which Are Not Patentable (Section 3 and 4)

19. Which of the following inventions is not patentable under Section 3(b)?
A. A method of making incense
B. A machine for warfare
C. A process for torture interrogation
D. Both B and C

✅ Answer: D. Both B and C
Explanation: Section 3(b) excludes inventions contrary to public order or morality, including war machines and torture methods.

20. Section 4 of the Patents Act prohibits patenting of:
A. Atomic energy-related inventions
B. Software
C. Agricultural methods
D. Perpetual motion machines

✅ Answer: A. Atomic energy-related inventions
Explanation: Section 4 prohibits patents on inventions relating to atomic energy, as governed by the Atomic Energy Act, 1962.