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      Question

      Under the Patents Act, 1970, what is the term of

      protection granted for a patent in India, calculated from the date of filing of the application?
      A 10 years, extendable by 5 years on payment of renewal fees Correct Answer Incorrect Answer
      B 14 years from the date of grant of the patent Correct Answer Incorrect Answer
      C 20 years from the date of filing of the patent application Correct Answer Incorrect Answer
      D 15 years from the date of publication in the Patent Journal Correct Answer Incorrect Answer

      Solution

      Explanation:  Section 53 of the Patents Act, 1970 (as amended by the Patents Amendment Act, 2002, in compliance with TRIPS Agreement obligations) provides that every patent shall be granted for a term of 20 years from the date of filing of the patent application. Prior to the 2002 amendment, the term was 14 years for most patents and 7 years for process patents in food/medicine. The TRIPS Agreement under the WTO mandates a minimum 20-year term for all member nations. Option (B) reflects the pre-amendment position and is a common distractor. The term runs from the date of filing, not the date of grant or publication making (C) the only correct answer.

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