ЁЯУв Too many exams? DonтАЩt know which one suits you best? Book Your Free Expert ЁЯСЙ call Now!
  • google app store apple app store
    • тЬЦ

      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: ┬аSection 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┬а20 years from the date of filing┬аof 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┬аdate of filing, not the date of grant or publication making (C) the only correct answer.

      Practice Next
      More Other Laws and Acts Questions
      ask-question