I.D.
END TERM EXAMINATION, APRIL 2017
B.A.LL.B. (HONS.)
SEMESTER-VIII X IPR-Patent (Hons.-
II)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks
carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. Define Patent.
b. What are the justifications for granting patent?
c. Briefly explain the salient aspects of Paris Convention 1883 in relation to patent.
d. How far do you think that pieces from various publications may be combined for negating
novelty?
e. What do you mean by convention application and divisional application?
f. Define "interested person" as provided in the Patent Act, 1970.
g. What is the composition of opposition board? Also mention the role of opposition board in
the process of grant of patent.
h. What are the rights of a patentee?
i. Discuss whether Novelty of use or novelty of purpose is sufficient to fulfill the requirement
of Novelty for grant of patent under the Patent Act, 1970.
j. If files an application related to a genetically modified microorganism found in the sea
near Andaman and Nicobar Island and does not mention the geographical origin of the
microorganism, can any person file a pre-grant representation against application?
2. In relation to patentability of computer programme, discuss the following:
a. Technical contribution approach and any hardware approach.
b. "Patent should not be allowed to software and its improvement". (Marks
3. Discuss the patentability of human embryonic stem cells. Also discuss the implications of the
recent guidelines issued by the United States Patent and Trademark Office, according to
which the American examiners refuse to examine the patentability of cells that are not
"significantly different" from naturally occurring cells. (Marks 10)
4. Answer the following:-
a. Discuss the "problem to solution approach" and "could would approach" to determine
inventive step in an invention. (Marks 07)
b. "For patentability there must be clear, practical utility associated with the newly identified
and isolated gene sequence". In the light of above discuss the importance of utility as
criteria of patentability. (Marks 03)
5. In relation to patent filing procedure, discuss the following:
a. Examination of patent applications.
b. Post-grant opposition procedure.
c. Information about foreign applications and foreign filing permit. (Marks
6. "The use of a patented invention for the purpose of acquiring government approval is
exempted from patent infringement". Discuss. In what aspects the above exemption is
different from Bolar exception. (Marks 07)
Discuss the advantages and disadvantages of parallel importation. (Marks 03)
7. "If a product does the same work in the same way to produce the same result as the patented
invention it would be considered to be equivalent of the patented invention." In the light of
above statement and with the help of illustrations discuss the test for determining infringement
of patent by equivalence. (Marks 10)