Answers: Week 2 Assignment 1

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1. Statement 1. Arogyapacha, a traditional medicine which gives strength is an

excluded patentable invention as per Section 3 of the Patents Act, 1970.
Statement 2: A play-cum-educational device which comprises of a chart, a set of
tokens for players and one or more dice is a patentable subject matter.

a. Statement 1 is true, 2 is false

b. Statement 1 is false, 2 is true
c. Statement 1 and 2 both are false
d. Statement 1 and 2 both are true

2. Statement 1: According to sections 3 of Indian Patents Act 1970 a computer

programme without a hardware component can be patented.
Statement 2: A process or product involving an inventive step and capable of
industrial applicability can be patented
a. Statement 1 is true, 2 is false
b. Statement 1 is false, 2 is true
c. Statement 1 and 2 both are false
d. Statement 1 and 2 both are true

3. Statement 1: An invention can be patented if it is a new form of a known substance

even if doesn’t result in the enhancement of the known efficacy of the substance.
Statement 2: A mere discovery of any new property or new use for a known
substance can be a subject matter of the Patents Act, 1970.
a. Statement 1 is true, 2 is false
b. Statement 1 is false, 2 is true
c. Statement 1 and 2 both are false
d. Statement 1 and 2 both are true

4. Statement 1: If a patent is granted for an invention relating to atomic energy the

Controller may allow the patentee to amend the complete specification.
Statement 2: The Central Government may direct the Controller to revoke a patent
relating to atomic energy.
a. Statement 1 is true, 2 is false
b. Statement 1 is false, 2 is true
c. Statement 1 and 2 both are false
d. Statement 1 and 2 both are true
5. Which of the following inventions can be patented as per Section 3 of the Patents Act,
1970?
a. A device used for executing human beings
b. A perpetual motion machine
c. A live human made micro-organism
d. Isomers and salts of an earlier patented drug

6. Which of the following is not an essential element of an ‘inventive step’ as per the
Patent Act, 1970?
a. Technical advance
b. Economic significance
c. Social significance
d. Not obvious to person skilled in art

7. Invention relating to atomic energy—

a. Are not patentable according to section 4
b. Can be granted a patent according to section 5
c. Either (a) or (b)
d. None of the above

8. Which of the following inventions cannot be patented as per Section 3 of the Patents
Act, 1970?
a. A surgical method of performing Coronary Artery Bypass Graft
b. A use of a new substance for the manufacture of a medicament for treatment of a disease
c. Diagnostic substance for optical imaging
d. Ultrasonic diagnosis apparatus

9. Mr. John has developed a computer programme which is an essential aspect to run a
novel hardware he has invented. How can Mr. John protect his computer
programme by Patents?
a. Computer programmes are patentable subject matter
b. He can protect his computer programme through patent when it is coupled with the novel
hardware
c. The computer programme cannot be patented at all
d. None of the above

10. An inventor X has made a trial for an invention relating to a method for the
treatment of sewage in his town. The said activity may come under:
a. Anticipation by public display
b. Anticipation by Public working
c. Anticipation by use and publication after provisional specification
d. All the above
11. An invention claimed in a complete specification shall not be deemed to have been
anticipated if the said invention is publicly worked in India for a reasonable
purpose—
a. At any time within three months before the priority date of relevant claim
b. At any time within six months before the priority date of relevant claim
c. At any time within twelve months before the priority date of relevant claim
d. At any time within eighteen months before the priority date of relevant claim

12. According to Section 33, if an invention is used and/or published in India after filing
a provisional specification for said invention:
a. The Controller may refuse to grant a patent as the invention is used and/or published
before granting patent
b. The patent application shall be deemed to be withdrawn
c. Shall be considered as not being anticipated
d. Either (a) or (b)

13. A product may be sold in the market without destroying its novelty--
a. Only after filing a patent application
b. Only after the grant of a patent
c. Only after publication of the patent application in the official journal
d. Only if the process for its preparation is kept secret

14. A patent application for an invention shall not be deemed to have been anticipated if:
a. Said invention is disclosed to public without the consent of the true and first inventor
b. Said invention is used for a reasonable trial
c. Said invention is commercially worked in India before the priority date of claim of the
invention
d. None of the above

15. In order to be granted a patent, an invention must satisfy which of the following
conditions? [Multiple Options Correct]
a. Inventive Step
b. Novelty
c. Industrial Applicability
d. Expression of an idea