Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2026 - 60/40 Examination
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LLB 3 years Sem 6 Intellectual Property Laws May 2026 - 60/40 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 2026 - 60/40 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 2026 - 60/40 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 2026 - 60/40 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 2 hours · Total marks 60 · 22 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)State what is Patent of Addition.[2]
Answer
Meaning. A patent of addition is a patent for an improvement in or modification of an invention. The same person must already hold, or have applied for, the patent for that invention. The earlier invention is called the main invention (section 54(1) of the Patents Act, 1970).
The conditions.
- The applicant must also hold, or have applied for, the patent for the main invention (section 54(1)).
- Its filing date must be the same as, or later than, that of the main application (section 54(3)).
- It cannot be granted before the patent for the main invention is granted (section 54(4)).
Its advantages.
- No renewal fees. Under section 55(2), "no renewal fees shall be payable" for it.
- Easier validity. Under section 56(1), it is not refused or revoked only because it lacks an inventive step over the main invention itself.
Its term. It lasts as long as the main patent, "or so much thereof as has not expired" (section 55(1)). If the main patent is revoked, the court or Controller may order that it become an independent patent for the rest of the term.
Why section 56 matters. In Biswanath Prasad Radhey Shyam v. Hindustan Metal Industries, (1979) 2 SCC 511, the Supreme Court revoked a patent for a utensil-holding method. It held that an improvement on something known must itself involve an inventive step, and a mere "workshop improvement" fails. Section 56 relaxes that test for a patent of addition, but only against the patentee's own main invention.
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