Law Of Patents In India LLM Question Paper : kslu.ac.in
Name of the University : Karnataka State Law University
Degree : LLM (Intellectual Property Rights)
Subject Code/Name : Law Of Patents In India
Semester : II
Document Type : Model Question Paper
Website : kslu.ac.in
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KSLU Law Of Patents In India Question Paper
Second Semester LL.M. Examination
Duration : 3 Hours
Max. Marks : 80
Related : KSLU Law Of Trademarks LLM Question Paper : www.pdfquestion.in/4792.html
Instructions
1. Answer all Questions.
2. Figures to the right indicate marks
June/July 2015
Q. No. I. (a) The justification for the patent system is that it provides an incentive for investment in new ideas, without which technological development would be much slower and more difficult. Do you agree to this view ? Substantiate. Marks : 10 OR
Trace out the historical development of patent system in United Kingdom.
(b) Write short note on : Marks : 6
i) Distinguish between ownership of an invention or a patent and ownership of goods.
OR
ii) Patent as a Monopoly Right.
Q. No. II.(a) Elaborate the vital distinction between and definitions of invention before and after Patent (Amendment) Act 2002 in India. Marks : 10 OR
Examine the salient features of Indian Patent Act 1970.
(b) Write short note on : Marks : 6
i) Distinctive invention and discovery.
ii) Vendibility test.
Q. No. III.(a) Define patent specification. Explain the structure of patent specification. Marks : 10
i) Obtaining a Granted Patent in the European Patent-
ii) Register of Patents.
Elucidate the procedure followed in India for obtaining a Granted Patent.
(b) Write short note on : Marks : 6
i) Obtaining a Granted Patent in the European Patent-Office.
ii) Register of Patents.
Q. No. IV.(a) Explain the rights and obligations of a patentee.
Critically evaluate the scope of power to transfer patent rights.
(b) Write short note on : Marks : 6
i) Government use of inventions.
ii) Threat of Infringement Proceedings.
Q. No. V.(a) The TRIPS agreement contains general provisions and basic principles concerning intellectual property, as well as a catalogue of standards concerning the availability, scope and use of intellectual property rights, which have to be adopted by member states. Examine the statement with particular reference to patents. Marks : 10 OR
Examine the salient features of Strasbourg Convention 1963.
(b) Write short note on : Marks : 6
i) Role of WIPO in harmonisation of patent legal system.
ii) Natural treatment provision under Paris Convention 1883.
June/July 2014
Second Semester LL.M. (IPR) Examination :
Duration : 3 Hours
Max. Marks : 80
Instructions :
1. Answer all Questions.
2. Figures to the right indicate marks.
Q. No. I. (a) Elucidate the major justifications and challenges to the incentives to invent under patent law. Marks : 10 OR
“Patent protection is necessary to preserve adequate economic incentives for invention and innovation”. Comment.
(b) Write short notes on : Marks : 6
i) Prospective theory of patent protection. OR
ii) Distinction between invention and patent.
Q. No. II. (a) Critically evaluate the changes introduced in Indian Patent Act 1970 by The Patent (Amendment) Act 1999, 2002 and 2005. Do you think that these three major amendments were done as a part of the exercise to conform under the TRIPS Agreement of the WTO ? Marks : 10 OR
Evaluate the Indian position with regard to Novelty. Compare it with the first to file system followed in USA.
(b) Write short notes on : Marks : 6
i) Known Efficacy OR
ii) Industrial application.
Q. No. III.(a) Critically evaluate the conditions for patentability in the Indian Patent Act 1970. Marks : 10 OR
What inventions are considered not patentable as per Sections 3 and 4 of Indian Patent Act ?
(b) Write short notes on Marks : 6
i) Patent specification OR
ii) Pre grant and Post Grant opposition to patents.
Q. No. IV.(a) Explain the purpose of Patent Office. Enumerate the various statutory powers conferred on the Controller of Patents in India. Marks : 10 OR
Define compulsory Licence. What is the basic utility of compulsory licence ? Explain the practical limitations in invoking compulsory licences.
(b) Write short notes on : Marks : 6
i) Define Assignment of patents rights. OR
ii) Limitations of the patentees rights.
Q. No. V. (a) Explain the international application and international search procedures under the Patent Co-operation Treaty. Marks : 10 OR
The Patent Law Treaty 2000 introduced harmonization of a number procedures in the patent application process and this harmonization takes into account the procedures of the PCT – Analyse.
(b) Write short notes on : Marks : 6
i) International Depositary Authority. OR
ii) Relationship between Patent Co-operation Treaty and Patent Law Treaty.