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B.A. LL.B. (Five Years) Sem 9 Intellectual Property Rights I 2014 Jun Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Intellectual Property Rights I

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 9

2014 Jun Examination

munotes.in

Mumbai

First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

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The Paper as Set

The questions in this volume are the questions asked at the 2014 Jun examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.

Duration 3 hours · Total marks 100 · 20 questions answered

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Read the original question paper

Q1

Unit I

(a)What is the procedure for applying and granting of patents ?[15]

Answer

For full marks, cover: the four phases at a glance; phase 1, choosing the kind of application: ordinary with a provisional or complete specification (sections 7, 9), convention application (section 135), PCT national phase (section 7(1A), rule 20; Diebold), divisional application (section 16; Ab Initio), patent of addition (section 54); phase 2, filing: who may apply (section 6), the documents, the continuing duty to disclose foreign applications (section 8; Chemtura), secrecy and foreign filing (sections 35, 39); phase 3, publication and examination: publication (section 11A), request for examination (section 11B, rule 24B), examination report and statement of objections, amendment (sections 57, 59), hearing and refusal (sections 14, 15), the time to put the application in order (section 21); phase 4, opposition and grant: pre-grant (section 25(1), rule 55), grant (section 43), post-grant opposition and the Opposition Board (section 25(2) to (4), rule 56; Aloys Wobben); after grant (renewal, restoration, working, surrender, revocation); appeals to the High Court (section 117A).

The four phases at a glance

Phase	What happens	Key provisions
1. Choosing the route	Ordinary, convention, PCT, divisional or addition application	ss.7, 9, 16, 54, 135
2. Filing	Application with specification and declarations	ss.6 to 10; Forms 1, 2, 3, 5
3. Publication and examination	Published at 18 months; examined on request	ss.11A to 21
4. Opposition and grant	Pre-grant opposition, grant, post-grant opposition	ss.25, 43

Phase 1: choosing the kind of application

Ordinary application. Filed in India first, with a provisional or a complete specification (section 7). If provisional, the complete specification must follow within twelve months (section 9(1)).
Convention application. A person who has applied in a convention country may apply in India within twelve months (section 135). He claims the foreign filing date as his priority date.

PCT national phase application. An international application under the Patent Cooperation Treaty designating India is treated as an Indian application (section 7(1A)). It must enter the Indian national phase within thirty-one months from priority (rule 20).
Divisional application. If one application covers more than one invention, the applicant may, before grant, file a further application for an invention already disclosed (section 16). It keeps the original date.
Patent of addition. For an improvement or modification of an invention already applied for or patented, the applicant may seek a patent of addition (section 54). It runs with the main patent and needs no separate renewal fees.

Two cases on these routes. In Diebold Self Service Systems v. Union of India, 2022 SCC OnLine Del 4555, an applicant entered India's PCT national phase in October 2015, months after the thirty-one month limit expired. A Division Bench of the Delhi High Court held that rule 22 is mandatory: an application that misses the limit is deemed withdrawn. The PCT route saves time, but its deadlines are strict.

In Ab Initio Technology LLC v. Assistant Controller of Patents and Designs, 2024 SCC OnLine Del 5099, the Controller refused two applications, partly on the ground that they were not properly divisional under section 16(1). The Delhi High Court held that objection untenable and set the orders aside to that extent. It sent the question of inventive step back for a fresh hearing.

Phase 2: filing

1. Who may apply. The true and first inventor, his assignee, or the legal representative of a deceased inventor (section 6).

2. The documents. The application in Form 1, the specification in Form 2, and the declaration of inventorship in Form 5, with the prescribed fee.

3. Disclosure of foreign applications. The applicant must file, in Form 3, details of any corresponding application abroad, and undertake to keep the Controller informed (section 8). He must also give details of their examination when the Controller asks.

The duty is serious. In Chemtura Corporation v. Union of India, 2009 SCC OnLine Del 2515, Chemtura sued for infringement of its patent for a railway wagon part and sought an interim injunction. It had not fully disclosed its foreign applications and what happened to them. The Delhi High Court refused the injunction. The section 8 duty is continuing, and breach is itself a ground of revocation under section 64(1)(m).

4. Secrecy and foreign filing. Inventions relevant to defence may be put under secrecy directions and not published (section 35). A resident of India needs written permission before applying abroad first, unless he applied in India at least six weeks earlier (section 39).

Phase 3: publication and examination

Publication. The application is published in the Patent Office Journal after eighteen months from priority or filing, or earlier on request in Form 9 (section 11A). From publication, the applicant has provisional rights, enforceable after grant (section 11A(7)).

Request for examination. It must be made in Form 18 within thirty-one months from priority or filing (section 11B; rule 24B). Without it, the application is treated as withdrawn. Startups, small entities, women applicants, Government bodies and some others may ask for expedited examination in Form 18A (rule 24C).
The examiner's report. The Controller refers the application to an examiner, who reports on patentability and on the specification (sections 12, 13). The Controller then issues the first statement of objections.
Amendment. The applicant may amend the specification by way of disclaimer, correction or explanation (section 57). The amendment must not claim matter not in substance disclosed earlier (section 59).
Hearing and refusal. Before refusing, the Controller must give the applicant a hearing (section 14). He may refuse the application, or require amendment, if it does not comply with the Act (section 15).
Time limit. The application must be put in order for grant within six months of the first statement of objections (section 21; rule 24B(5)). The period may be extended by three months on request (rule 24B(6)). Otherwise the application is deemed abandoned.

Phase 4: opposition and grant

Pre-grant opposition. After publication and before grant, any person may file a representation in Form 7A on the grounds in section 25(1) (rule 55(1)). The Controller considers it only once examination has been requested (rule 55(2)). He hears the parties and decides.
Grant. When the application is in order and not refused, the patent is granted under the seal of the Patent Office (section 43). The grant is entered in the register and published. No patent may be granted within six months of publication (rule 55(1A)).
Post-grant opposition. Within one year of publication of the grant, any person interested may give notice of opposition (section 25(2)). The Controller sets up an Opposition Board of three members, which examines the opposition and reports with reasons (section 25(3); rule 56). The Controller then decides, after hearing both sides (section 25(4)).

In Dr. Aloys Wobben v. Yogesh Mehra, (2014) 15 SCC 360, the patentee's rivals had filed many revocation petitions and also counter-claimed for revocation in infringement suits. The Supreme Court held that a person interested must elect one remedy and cannot pursue parallel challenges to the same patent.

After grant

Term and renewal. Twenty years from filing, kept alive by renewal fees from the end of the second year (section 53; rule 80).
Restoration. A patent lapsed for non-payment may be restored on application within eighteen months (section 60).
Working. The patentee files Form 27 on working in India every three financial years (section 146; rule 131).
Surrender and revocation. The patentee may surrender the patent (section 63). Anyone interested may seek revocation before the High Court, including by counter-claim (section 64).

Appeals

Appeals from the Controller's decisions lie to the High Court (section 117A). They include refusals (section 15), orders on post-grant oppositions (section 25(4)) and orders on amendments (section 57). The Intellectual Property Appellate Board heard them until 4 April 2021.

Conclusion. Obtaining a patent runs through four phases: choosing the route, filing, publication and examination, and opposition and grant. The applicant may use the ordinary, convention, PCT, divisional or addition route, but must keep strict deadlines (Diebold). He must disclose foreign filings honestly (Chemtura). The public may oppose before and after grant, though a challenger must choose one remedy (Aloys Wobben). The patent then lasts twenty years, subject to renewal, working and revocation.

B.A. LL.B. (Five Years) Sem 9 Intellectual Property Rights I 2014 Jun Question Paper with Solutions

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