UNIT 4 – Detailed Answers (Patents & Trade

Marks)

PART – A (2‑Mark Questions – Explained)

1. What is Intellectual Property (IP)?

Intellectual Property (IP) refers to creations of the human mind that have commercial value, such as
inventions, literary and artistic works, designs, symbols, names, and logos used in trade. IP law grants
creators exclusive legal rights over these intangible assets for a limited period, allowing them to control
use and earn economic returns while eventually contributing to the public domain.

2. What is a Patent?

A patent is a legal monopoly granted by the government to an inventor for a novel, non‑obvious, and
industrially applicable invention. It gives the patentee the exclusive right, for a limited term (generally
20 years from filing), to prevent others from making, using, selling, or importing the patented product
or process without permission.

3. Define Trademark.

A trademark is any word, name, logo, symbol, shape, sound, or combination used to identify and
distinguish the goods or services of one trader from those of others. It represents the source and
quality of the goods/services and helps consumers recognise and choose products in the marketplace.

4. What are Geographical Indications (GIs)?

A Geographical Indication (GI) is a sign used on products that originate in a specific place and possess
qualities, reputation, or characteristics essentially attributable to that origin. Examples include
Darjeeling Tea, Kanchipuram Silk, or Champagne; the GI assures consumers of authenticity and
protects producers in that region from misuse of the name.
5. Mention any two objectives of the Patent System.

Key objectives of the patent system include:

Encouraging innovation by granting inventors exclusive rights and thereby rewarding research
and development (R&D).
Promoting technological disclosure and diffusion; in exchange for protection, inventors must
fully disclose their inventions, allowing others to learn from and build upon them after the patent
expires.

6. What are Patentable Inventions?

Patentable inventions are those that satisfy three core criteria:

1. Novelty – not previously known or used anywhere in the world.

2. Inventive step (non‑obviousness) – not obvious to a person skilled in the art.
3. Industrial applicability – capable of being made or used in some kind of industry.
They can be products, processes, or improvements that produce a new result or a new method of
producing a known result.

7. Mention any two examples of Non‑Patentable Inventions under the

Indian Patent Act.

Under the Indian Patents Act, several categories are expressly excluded from patent protection.
Examples:

Scientific theories or mathematical methods – e.g., a new theorem or formula is not patentable
as such.
Inventions contrary to public order or morality – for example, devices promoting illegal activities
or harmful to public health.

8. Rahul invents a new solar‑powered mobile charger that charges twice

as fast as conventional chargers. Is it patentable? Why?

Yes, Rahul’s invention is potentially patentable, provided it is not already known. The charger uses solar
energy and achieves significantly improved charging speed, indicating novelty and technical
advancement over existing chargers and clear industrial applicability, satisfying basic patentability
criteria.
9. Dr. Meena discovers a new mathematical formula for predicting
weather patterns. Can this discovery be patented?

No, it cannot be patented. Mathematical methods and abstract formulas are categorised as
non‑patentable under the Indian Patents Act, because they are considered fundamental scientific tools
or abstract ideas, not inventions with direct industrial application on their own.

10. A pharmaceutical company develops a new process to manufacture

an existing drug more efficiently. Is this invention patentable?

Yes, an improved process for manufacturing a known product can be patentable if the process itself is
novel, involves an inventive step, and is industrially applicable. Here, a more efficient manufacturing
process (e.g., higher yield, lower cost, or fewer impurities) meets those requirements and can be
protected as a process patent.

11. Ravi finds a naturally occurring medicinal plant that cures skin
allergies and wants to patent it. Can he get a patent?

No. Naturally occurring substances like plants, minerals, or naturally existing DNA sequences are
excluded from patentability. Discovering something that already exists in nature, even if its use is new,
does not qualify as an "invention"; however, a novel process of extracting or formulating products from
the plant might be patentable.

12. A researcher designs a new variety of rice through cross‑breeding. Is

this patentable under the Patent Act?

In India, plant varieties and animal breeds are excluded from patent protection. Such a rice variety may
instead be protected under the Protection of Plant Varieties and Farmers’ Rights Act (PPVFR Act).
Thus, it is not patentable under the Patents Act, but a different IP regime is available.

13. An inventor develops a robot that automatically cleans solar panels

to improve efficiency. Is this invention patentable?

Yes, such a robot is likely patentable if it is new, non‑obvious, and industrially applicable. It is a
technical device solving a practical problem (cleaning panels and improving efficiency), and thus can be
granted a patent for its mechanism or method of operation.
14. A researcher files a patent for turmeric’s healing properties, already
known in traditional medicine. Why was this patent rejected?

The patent was rejected because it attempted to claim traditional knowledge that was already in the
public domain. Under Indian (and international) patent law, knowledge that is already known or
documented – even if only in traditional texts – lacks novelty and cannot be patented.

15. Company A copies the patented design of Company B’s electronic

component and markets it under a different name. What remedy can
Company B seek?

Company B can file a civil suit for patent infringement. Remedies typically include injunction (to stop
further manufacture and sale), damages or account of profits for economic loss, and
seizure/destruction of infringing goods. The fact that Company A used a different name does not avoid
infringement if the patented technical features are copied.

16. A foreign firm files for a patent in India for neem‑based pesticide
technology already in public use. What will the Patent Office decide?

The Indian Patent Office will reject the patent application because the invention is not novel; neem’s
pesticidal properties and related uses are traditional knowledge and have been widely known and used
in India. Attempting to patent such knowledge is often referred to as biopiracy.

17. A government agency documents and publishes local medicinal

practices to prevent foreign patent claims. What is the purpose of this
initiative?

The purpose is to protect traditional knowledge (TK) by creating documented prior art. When TK is
systematically recorded (e.g., in a Traditional Knowledge Digital Library), patent examiners can see that
these uses are already known and refuse illegitimate patent claims, thereby preventing biopiracy and
safeguarding community knowledge.

18. Define Compulsory Licensing.

Compulsory licensing is a legal mechanism under patent law that allows a government to authorise a
third party to use, manufacture, or sell a patented product or process without the patent owner’s
consent. It is typically invoked in situations such as public health emergencies, non‑availability of the
product at reasonable prices, or failure of the patentee to work the invention in that country.

19. What is a Patent Search?

A patent search is the systematic process of searching existing patents and published patent
applications to identify prior art related to an invention. It helps determine whether the invention is
novel and non‑obvious, and guides the drafting of claims to avoid conflict with existing patents.

20. Why is Patent Search important before filing a patent application?

Patent search is important because it:

Reduces the risk of rejection by revealing prior art early, allowing the inventor to refine or
abandon weak claims.
Saves time and cost by avoiding filing applications that clearly lack novelty.
Helps in drafting stronger and narrower claims that distinguish the invention from existing
technologies.

21. What is the purpose of IP Valuation in business?

IP valuation aims to estimate the economic value of intellectual property assets such as patents,
trademarks, and designs. It supports decisions related to mergers and acquisitions, licensing deals,
collateral for loans, investment, taxation, and internal strategy by revealing how much the IP
contributes to the company’s worth.

22. Mention any two methods used for IP Valuation.

Common methods include:

Cost‑based method – values IP based on the cost of creating or replacing it (R&D costs,
registration, testing, etc.).
Market‑based method – compares the IP with similar assets sold or licensed in the market to
derive value.
(Other methods like income‑based or option‑based can also be mentioned in exams.)
23. Mention any two ways of commercialising IP.

IP can be commercialised through:

Licensing – granting others the right to use the IP in return for royalties, fees, or lump‑sum
payments.
Assignment or sale of IP rights – transferring ownership of the IP to another party for
consideration, similar to selling a tangible asset.

24. Define Commercialisation of Intellectual Property.

Commercialisation of IP means converting an invention or creative work into a marketable product or

service that generates revenue. It involves using IP rights strategically – through production, licensing,
franchising, or joint ventures – so that the protected idea is used in business and earns economic
returns.

25. What is Patent Drafting?

Patent drafting is the process of preparing the patent specification, including:

the title, background, summary, and detailed description of the invention,

drawings, and
the claims, which legally define the scope of protection.
Good drafting is crucial because the wording of claims determines the strength and breadth of the
patent.

26. Mention any two objectives of Trademark protection.

Prevent unfair competition by stopping others from using confusingly similar marks that mislead
consumers.
Protect goodwill and reputation associated with a brand, ensuring that the owner reaps the
benefits of consistent quality and marketing efforts.

27. Name any two kinds of Trademarks.

Examples of kinds of trademarks include:

Product trademarks – marks used in relation to physical goods (e.g., logo on a smartphone).
 Service marks – marks identifying services such as banking, airlines, or hotels.
(Other kinds: collective marks, certification marks, shape marks, sound marks, etc.)

28. What is a Collective Trademark?

A collective trademark is a mark used by members of an association or group (such as producers’

cooperatives or professional bodies) to indicate that their goods or services come from members of
that collective. The mark is owned by the association, but individual members use it to signal a certain
standard or origin.

29. What is a Service Mark?

A service mark is a type of trademark that specifically identifies and distinguishes the services of one
provider from those of others. For example, the logo of an airline, hotel chain, or bank acts as a service
mark, allowing consumers to recognise the service provider.

30. Define a Certification Trademark.

A certification trademark is a mark used to certify certain characteristics of goods or services – such
as origin, material, quality, or method of manufacture – but it is not used by the owner of the mark.
Examples include ISI mark and AGMARK in India, which certify safety or quality.

31. A company uses the symbol and name "AquaPure" to sell bottled
water. What does this represent in IP law?

The symbol and name "AquaPure" together function as a trademark. They identify the source of the
bottled water and distinguish it from competing brands, enabling consumers to associate certain
quality and reputation with that particular company.

32. A group of textile producers from Rajasthan use the mark

"RajTextiles" for regional fabrics. What type of trademark is this?

This is a collective trademark because it is used by a group of producers belonging to a particular

region or association. It signals that the fabrics come from members of that group and meet common
standards or characteristics.
33. The mark "AGMARK" appears on food products in India. What kind of
trademark is AGMARK?

"AGMARK" is a certification trademark. It certifies that agricultural products meet specific quality and
standard parameters set by the certifying authority, rather than indicating a single producer.

34. A perfume company uses a distinctive bottle shape and packaging

style. What form of trademark is this?

This is an example of a shape trademark or trade dress. The unique shape and packaging serve as a
source identifier, enabling consumers to recognise the brand even without seeing the name or logo.

35. A company tries to register the word "Laptop" as its trademark for
computers. Can this be registered? Why or why not?

No, this cannot normally be registered because generic terms that directly describe the product or
service (like "Laptop" for computers) lack distinctive character. Such words must remain available for
all traders in that line of business.

36. A chocolate brand plays a distinct jingle in advertisements that

customers easily recognise. What form of trademark is this?

This is a sound trademark. The distinctive jingle acts as an audio identifier of the brand, and, if
registered, it enjoys trademark protection similar to visual marks.

37. A company registers a logo "EcoFresh" for organic products. What

type of mark is this?

"EcoFresh" used as a logo for organic goods is a registrable trademark. It is distinctive and capable of
identifying the source of the products, provided it is not descriptive or already in use by others in the
same class.

38. A shoe company uses the name "Addidas" similar to "Adidas". What
issue arises here?
This raises the issue of deceptive similarity in trademark law. The mark "Addidas" is visually and
phonetically similar to "Adidas" and may confuse consumers, constituting potential infringement or
passing off.

39. A company applies for registration of a trademark with the design of

the national flag. Can it be registered?

No. Marks that use national symbols, flags, or emblems, or that are otherwise contrary to law or public
policy, are non‑registrable. Trademark law prohibits registration of such marks to protect national
honour and prevent misuse.

40. Two beverage companies have similar names: "Coke" and "Koke".
Why might the second company face legal issues?

Because "Koke" is phonetically and visually similar to the famous trademark "Coke", consumers are
likely to be misled into believing there is a connection between the two. This may amount to passing off
or infringement due to deceptive similarity.

41. A company tries to register the mark "Bank" for financial services.
Can this be registered?

No. The word "Bank" is descriptive and generic for financial services. Descriptive terms that merely
indicate the nature of the goods or services are generally not registrable, unless they have acquired a
secondary meaning through extensive use.

42. What is a registrable mark?

A registrable mark is a sign (word, logo, device, sound, shape, etc.) that is distinctive, not deceptive or
prohibited, and capable of being represented graphically. It must be able to identify and distinguish the
goods or services of one trader from those of others.

43. Give an example of a non‑registrable mark.

Examples of non‑registrable marks include:

Generic words like "Computer" for computers.

 Marks that are immoral, scandalous, deceptive, or identical/confusingly similar to an existing
registered mark.
Such marks fail the distinctiveness or public policy requirements.

44. How can a trademark be transferred?

A trademark can be transferred in two main ways:

Assignment – transfer of ownership of the mark (with or without goodwill) from one party to
another.
Licensing – permitting another party to use the mark under specified conditions, while ownership
remains with the original proprietor.
In both cases, the transaction should be recorded with the Trade Marks Registry.

45. Can descriptive words be registered as trademarks?

Generally no. Purely descriptive words that directly describe the quality, kind, or characteristics of
goods/services (e.g., "Sweet" for sugar) are not registrable. However, if through long and exclusive use
they acquire a secondary meaning (distinctiveness), they may in some cases be accepted.

46. What is an Eco Label?

An Eco Label is a mark or label placed on products to indicate that they meet specified environmental
or sustainability criteria. Examples include "Energy Star" or "Ecomark"; such labels help consumers
identify products that are less harmful to the environment.

47. What is Passing Off in trademark law?

Passing off occurs when a trader misrepresents their goods or services as being those of another,
leading to confusion among consumers and damage to the goodwill of the original brand. It is a
common‑law remedy available even without trademark registration.

48. A local company uses a green leaf logo to mislead customers that its
detergent is from an established eco‑brand. What legal issue arises?

This is a case of passing off and possibly misuse of Eco Labels. The local company is deliberately
creating a false association with an established brand, misleading consumers about the origin and
environmental quality of its product.

49. An Indian company labels its product with "Ecomark" without

meeting environmental standards. Is this permissible?

No. Using "Ecomark" or any official eco‑label without meeting prescribed environmental criteria
amounts to misrepresentation and misleading labelling. The company may face action under
consumer protection, environmental regulations, and trademark laws.

50. A firm copies the registered logo of a famous coffee brand for its
products. What legal action can the original brand take?

The original brand can file a civil suit for trademark infringement and passing off, seeking:

Injunction to stop further use,

Damages or account of profits, and
Delivery up/destruction of infringing materials.
In serious cases, criminal remedies for counterfeiting may also be available.

51. An electronics company uses a logo similar to "Energy Star" to

suggest energy efficiency. What is the legal concern?

This constitutes misuse of Eco Labels and deceptive marketing. The similar logo can mislead
consumers into believing that the products are certified as energy efficient, leading to liability under
trademark law, advertising standards, and consumer protection statutes.

52. A food company uses a "Green Label" claiming its products are
eco‑friendly, but only some ingredients are organic. What legal principle
applies?

The principle of misrepresentation and unfair trade practice applies. Such partial truth presented as a
full eco‑claim can be challenged as deceptive advertising and may also raise issues under eco‑labelling
and consumer protection laws.

PART – B (8‑Mark Questions – Expanded)

Q2. Discuss the concept, scope, and salient features of patents. Explain
with examples the kinds of inventions that are patentable under Indian
law. How does understanding these distinctions help in promoting
innovation? (8 marks)

(a) Concept of a patent

A patent is a statutory right granted by the government to an inventor for an invention that is new,
involves an inventive step, and is capable of industrial application. For a fixed term (20 years from
filing in India), the patentee enjoys the exclusive right to make, use, sell, and import the invention. In
return, the inventor must fully disclose the invention, contributing to the stock of public knowledge.

(b) Scope of a patent

The scope of a patent is defined by its claims and determines what acts constitute infringement. Key
aspects:

It may cover products (e.g., a new machine, chemical compound) or processes (e.g., a novel
method of manufacturing).
It extends to all commercial exploitation of the invention within the territory – making, using,
selling, offering for sale, or importing.
The scope is territorial (valid only in the countries where granted) and time‑bound (20 years).

(c) Salient features of patents

1. Novelty – The invention must not be anticipated by prior publication, prior use, or prior claiming
anywhere in the world before the filing date.
2. Inventive step / non‑obviousness – The invention should not be obvious to a person skilled in the
relevant field, given the prior art.
3. Industrial applicability – It must be capable of being made or used in some industry, and not be a
purely theoretical idea.
4. Exclusivity – The patentee can prevent others from unauthorised use of the invention, creating a
temporary legal monopoly.
5. Limited term – After 20 years, the patent expires, and the invention falls into the public domain,
allowing anyone to use it.
6. Disclosure requirement – The specification must clearly and completely describe the invention so
that a skilled person can perform it.

(d) Examples of patentable inventions

 Mechanical inventions – a new type of engine with better fuel efficiency; an improved mechanical
lock.
Pharmaceutical inventions – new chemical entities (drugs), improved drug formulations or
delivery systems (subject to Indian Section 3(d) limitations).
Electronics and communication – novel circuit designs, communication protocols with technical
advantages.
Process innovations – new industrial processes for producing steel, plastics, or food products.

These must meet the statutory tests and should not fall under non‑patentable categories like abstract
ideas or traditional knowledge.

(e) Role of distinctions in promoting innovation

Understanding what is patentable and what is not helps inventors:

Focus R&D resources on technically meaningful, protectable innovations.

Avoid wasting time and money on applications that will be rejected.
Strategically combine patents with other IP tools (trade secrets, designs, copyright) for maximum
protection.
This clarity increases confidence in investment and drives sustained innovation and technology
transfer.

Q3. Rahul develops a new water filtration device faster than existing
technologies. A similar product exists abroad but uses a different
process. Is Rahul’s invention patentable under Indian law? Discuss with
concept, scope, and salient features of patents. (8 marks)

(a) Patentability analysis

Rahul’s device may still be patentable in India if:

His process or structural arrangement is novel over the foreign product’s process.
It involves an inventive step, providing technical advancement (e.g., higher filtration speed, better
efficiency) not obvious from known technologies.
It is industrially applicable, i.e., can be manufactured and used commercially.
Even if a similar product exists, a new and improved process or significantly different structure
can qualify for patent protection.

(b) Concept of patent (brief)

A patent grants Rahul an exclusive right to prevent others from making or using his filtration device
without consent in India for 20 years. In return, he must disclose the invention in sufficient detail in the
patent specification.

(c) Scope and salient features applied

Scope – Rahul’s claims will define whether protection covers only the process, the apparatus, or
both.
Novelty – The foreign device’s disclosure is prior art. Rahul must show that his construction or
method is different and not previously disclosed.
Inventive step – The faster purification and improved design should not be a simple or obvious
modification of known systems; the patent specification must highlight technical advantages.
Industrial applicability – Since the device purifies water and can be mass‑produced, this
requirement is clearly met.

If these conditions hold, Rahul is entitled to seek a patent in India, even though a foreign product exists,
as long as his technical contribution is distinct and non‑obvious.

Q4. A herbal remedy for skin diseases is widely known in local

communities. A researcher wants to patent it. Is the invention
patentable? Explain with examples of non‑patentable inventions. (8
marks)

(a) Non‑patentability due to traditional knowledge

The herbal remedy, being already known and used in local communities, forms part of traditional
knowledge (TK) and the public domain. Under the Indian Patents Act, inventions which are mere
discoveries of existing knowledge or aggregation of known properties are not patentable. Therefore,
the remedy in its traditional form cannot be patented.

(b) Examples of non‑patentable inventions

1. Discoveries of natural substances – finding a new plant or natural compound and claiming it as
such.
Example: discovery of a naturally occurring mineral.

2. Mathematical methods and scientific theories – formulas, algorithms without technical

application.
Example: a new formula for interest calculation.

3. Aesthetic creations – paintings, music, or sculptures (protected by copyright, not patents).

 4. Inventions contrary to public order or morality – devices for gambling, illegal activities, etc.

5. Methods of agriculture or horticulture, and plant/animal varieties – covered by other legislation,

not patent law.

6. Traditional knowledge – uses of plants like turmeric, neem, or basmati rice known for
generations.
Example: earlier attempts to patent turmeric’s wound‑healing properties were refused because
they were already documented in Indian texts.

In summary, patent law aims to reward true technical innovations, not to privatise knowledge already
used by society.

Q5. A company designs a software‑based algorithm to optimise home

energy consumption and wants a patent. Evaluate whether this qualifies
for patent protection. (8 marks)

(a) Software and patentability

In India, “computer program per se” is excluded from patentability. However, if a software‑implemented
invention produces a technical effect or technical contribution (e.g., improved processing speed,
reduced resource use, better control of physical devices), it may be patentable as a computer‑related
invention (CRI).

(b) Conditions to be satisfied

The algorithm‑based system must:

1. Be novel – the specific method and system for optimisation should not have been previously
disclosed.
2. Involve an inventive step – it should offer a technical advancement over existing methods (e.g.,
smarter control logic that significantly reduces power consumption).
3. Have industrial applicability – it must be implementable in real hardware or control systems
managing appliances.

(c) Technical effect requirement

If the invention merely calculates an energy‑saving schedule in abstract, it may be viewed as a business
or mathematical method and refused. However, if it:

senses real‑time consumption data,

automatically controls devices (ACs, heaters, lights), and
 results in measurable energy savings through a technical control process,
then it demonstrates a technical effect, strengthening its patentability.

Thus, patent protection may be granted not for the algorithm in isolation, but for the overall system and
method implementing that algorithm to control energy usage.

Q6. Explain in detail the concept of non‑patentable inventions under

Indian Patent Law. Why are certain inventions excluded? Give examples.
(8 marks)

(a) Concept

Non‑patentable inventions are categories of subject matter that cannot be protected by patents, even
if they might be new or useful. Section 3 and 4 of the Indian Patents Act list these exclusions to protect
public interest, ethics, and the public domain.

(b) Major categories and reasons

1. Discoveries of natural substances

Reason: Nature’s creations are considered the common heritage of mankind; only
human‑made technical interventions are rewarded.
Example: discovery of a new plant in the wild.

2. Scientific theories, mathematical methods, and abstract principles

Reason: These form the basic tools of scientific work and should remain free for all to use.
Example: a new theorem or algorithm without specific technical implementation.

3. Business methods and schemes

Reason: These relate more to economic or commercial practices than to technical

inventions.
Example: a novel online auction model without a new technical solution.

4. Aesthetic creations and artistic works

Reason: These are better protected by copyright or design law, not patents intended for
technical inventions.
Example: a new sculpture or painting.

5. Inventions contrary to public order or morality

 Reason: Law does not support monopolies over inventions that could seriously harm
society, public health, or the environment.
Example: a device meant solely for gambling or a biological weapon.

6. Methods of treatment and diagnosis of humans/animals

Reason: To avoid restricting medical practitioners from using the best treatment; public
health considerations outweigh monopoly.
Example: a specific surgical method.

7. Plants and animals (excluding micro‑organisms) and essentially biological processes

Reason: Protected under specialised plant‑variety or biodiversity laws; also to protect

farmers’ rights.
Example: new plant variety developed by conventional breeding.

8. Traditional knowledge and its aggregation

Reason: TK belongs to communities and has often been known for generations; privatising
it through patents would be unjust.
Example: neem or turmeric medicinal uses.

These exclusions ensure that patent law rewards genuine technical innovation while guarding against
unethical monopolies and biopiracy.

Q7. A company creates a database documenting traditional herbal

remedies to prevent foreign patents. How does this help in patent law
and TK protection? (8 marks)

The database converts undocumented traditional knowledge into documented prior art,
accessible to patent examiners worldwide.
When a foreign entity files a patent application on a known remedy, the examiner can cite the
database to show lack of novelty.
This prevents biopiracy, ensuring that patents are not granted on knowledge already belonging to
indigenous communities.
It strengthens the defensive protection of TK – not giving exclusive rights to any one party, but
stopping others from claiming it.
It also promotes recognition and respect for community knowledge and can support future
frameworks for benefit‑sharing.
Q8. An inventor develops a new biodegradable plastic and files for a
patent. Outline the general procedure for obtaining a patent in India. (8
marks)

1. Patent search (optional but advisable)

Conduct a search in patent databases to assess novelty and prior art.

2. Filing of application

File a provisional specification (optional) describing the invention broadly to secure a

priority date, or
File a complete specification with full details and claims.
Applications are filed at the appropriate Indian Patent Office with prescribed forms and
fees.

3. Publication
The application is normally published 18 months from the filing/priority date. Early publication can
be requested to accelerate the process.

4. Request for examination (RFE)

A separate request must be filed within 48 months from the priority date. Only after this will the
Patent Office examine the application.

5. Examination and First Examination Report (FER)

The examiner checks for novelty, inventive step, industrial applicability, and compliance with
formal requirements. Objections, if any, are communicated in the FER.

6. Response and hearing

The applicant replies to objections by amending claims, clarifying description, or arguing against
rejections. If required, a hearing may be held.

7. Pre‑grant and post‑grant opposition

Pre‑grant opposition can be filed by any person after publication but before grant.
Post‑grant opposition can be filed within one year of grant by any interested person.

8. Grant of patent and publication

If all objections are overcome and no valid opposition succeeds, the Controller grants the patent,
which is then recorded and published in the Patent Journal.

9. Renewal and maintenance

Annual renewal fees must be paid from the third year onwards up to 20 years; otherwise, the
patent may lapse.
Q9. An international company patents a method to extract active
compounds from an Ayurvedic plant more efficiently. Can this method
be patented? How does it relate to TK protection? (8 marks)

Patentability:
The underlying medicinal use of the plant is traditional knowledge and cannot be patented.
However, a novel, non‑obvious, and industrially applicable method of extraction (e.g., a new
chemical or mechanical process improving yield, stability, or purity) can be patentable as a
technical improvement based on TK.

Relation to TK protection:

The patent should not attempt to monopolise the traditional use itself, but only the specific
improved method.
Ethical frameworks (like the Biological Diversity Act and Nagoya Protocol) may require
prior informed consent and benefit‑sharing with the source country or communities.
Documentation of TK (e.g., TKDL) helps examiners distinguish what is old knowledge versus
what constitutes a genuine technical advance.

Thus, patent law allows innovation derived from TK while TK protection mechanisms ensure that
communities are not deprived of their rights.

Q10. Explain the concept of transfer of patent rights, its types,

procedures, legal requirements, and implications. (8 marks)

(a) Concept

Transfer of patent rights is the process by which the rights of a patent owner are assigned or licensed
to another person or entity. This enables commercial exploitation and collaboration while clearly
defining who can use the invention and on what terms.

(b) Types of transfer

1. Assignment

Permanent transfer of ownership (whole or part) of the patent.

The assignee becomes the new patentee for the assigned rights and can sue infringers.

2. Licensing

The patentee (licensor) permits another party (licensee) to use the patented invention under
specified conditions (scope, territory, duration, royalties).
 Ownership remains with the patentee; licences may be exclusive, non‑exclusive, or
compulsory (by law).

3. Mortgage / hypothecation / pledge

The patent is used as security for a loan. If the borrower defaults, the lender may acquire or
sell the patent rights.

4. Transmission by operation of law

Rights may pass to legal heirs on death, or to a company on amalgamation, without a

separate assignment deed.

(c) Procedures and legal requirements

Transfers must be in writing, usually through a deed of assignment or licence agreement.

The document should specify: parties’ names and addresses, patent number, extent of rights
transferred, territory, duration, and consideration (payment).
The transfer must be recorded at the Patent Office within the prescribed time to be effective
against third parties.
Compliance with the Patents Act and Rules ensures validity and enforceability.

(d) Implications

For the assignee/licensee: acquires the right to use, exploit, and in some cases further license
the invention, generating revenue.
For the assignor/licensor: receives financial returns (sale price or royalties) but may lose partial
or full control depending on the type of transfer.
For third parties: public records clarify who owns which rights, reducing disputes and enabling
due diligence in transactions.

Effective transfer mechanisms thus facilitate technology transfer, commercialisation, and

collaboration in innovation ecosystems.