Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2023 Examination
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LLB 3 years Sem 6 Intellectual Property Laws May 2023 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the May 2023 examination.
The answers in this volume state the law as it stands today, not as it stood when the paper was set. The Intellectual Property Appellate Board was abolished on 4 April 2021 by the Tribunals Reforms Act, 2021, so patent revocation petitions and appeals from the Controller and the Registrar now lie to the High Court, and the Copyright Board's work, including tariff appeals, lies with the Commercial Court. Since 1 August 2024 the Jan Vishwas (Amendment of Provisions) Act, 2023 has turned several trade mark and patent offences into penalties imposed by an adjudicating officer, and the 2026 Act omitted section 119 of the Patents Act from 1 June 2026. Medicines and chemicals have had product patents only since 1 January 2005, and every patent alive on 20 May 2003 runs twenty years from filing. The Supreme Court reversed the Madras ruling in Khoday Distilleries on 27 May 2008. Copyright cases decided before 2012 cite section 52 by its old letters.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2023 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2023 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
Instructions printed on the paper
- N.B: 1. All questions are compulsory. 2. Figures to the right indicate full marks.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer the following
20 Marks
(a)Explain the term Invention under the Indian Patent Act.[2]
Answer
Definition. Section 2(1)(j) of the Patents Act, 1970 says: "'invention' means a new product or process involving an inventive step and capable of industrial application".
Its three elements.
- New. It must not have been anticipated by publication or use anywhere in the world before the date of filing (section 2(1)(l)).
- Inventive step. It must involve "technical advance as compared to the existing knowledge or having economic significance or both", and must not be obvious "to a person skilled in the art" (section 2(1)(ja)).
- Industrial application. It must be "capable of being made or used in an industry" (section 2(1)(ac)).
A product or a process. Both are covered: a new machine or medicine, or a new method of making one.
The limit. Even such a thing is not an "invention" if section 3 excludes it, for example a mere discovery or a method of agriculture. Atomic energy inventions are barred by section 4.
Case. In Biswanath Prasad Radhey Shyam v. Hindustan Metal Industries, (1979) 2 SCC 511, a firm patented a method of holding utensils on a lathe. The Supreme Court revoked the patent. It held that an invention must be the inventor's own discovery, not a verification of what was known. A mere "workshop improvement" of an old method is not an invention.
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