Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Apr 2025 - 75/25 Examination
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LLB 3 years Sem 6 Intellectual Property Laws Apr 2025 - 75/25 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
This edition revised 25 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 Apr 2025 - 75/25 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 Apr 2025 - 75/25 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Apr 2025 - 75/25 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 2½ hours · Total marks 75 · 21 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 any six of the following in one or two sentences
12 Marks
(a)Explain the term "capable of industrial application".[2]
Answer
Definition. Section 2(1)(ac) of the Patents Act, 1970 says: "'capable of industrial application', in relation to an invention, means that the invention is capable of being made or used in an industry".
Its place. It is one of the three tests in the definition of "invention" in section 2(1)(j). The other two are novelty and inventive step.
What it means.
- Practical use. The invention must have a real, practical use. A mere idea, theory or speculation fails.
- Can be made or used. It must be possible to make the product, or carry out the process, in some industry. "Industry" is read widely, including agriculture, medicine and services.
- It must work. An invention that cannot work as claimed fails. A patent may be revoked if the invention "is not useful" (section 64(1)(g)).
Examples. A new machine, a new chemical compound with a stated use, or a new manufacturing process passes. A machine said to run for ever without energy fails, and is also excluded by section 3(a) as contrary to natural laws.
Case. In Biswanath Prasad Radhey Shyam v. Hindustan Metal Industries, (1979) 2 SCC 511, the Supreme Court said patent law exists to encourage "industrial progress". An invention must produce a new result, or a new, better or cheaper article. The utensil-holding method there was usable in industry, but it was revoked because it lacked novelty and inventive step. Industrial application alone is not enough.
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