WEEK - 8

LECTURE 36-40

1. Match the following Lens database tools with their correct functions:

Column A (Tools):

1. PatSeq
2. PatCite
3. Scholar works
4. QUT In4M

Column B (Functions):

I. Non-patent literature search from academic databases

II. Biological sequence analysis in patent documents

III. Institutional rankings and technology influence assessment

IV. Citation analysis and patent relationship networks

Which of the following represents the correct matching?

a) 1-III, 2-I, 3-IV, 4-II

b) 1-II, 2-IV, 3-I, 4-III

c) 1-IV, 2-II, 3-III, 4-I

d) 1-I, 2-III, 3-II, 4-IV

Answer: b) 1-II, 2-IV, 3-I, 4-III

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2. What advantage does the Lens database’s query creation feature provide?

a) Reduces overall database subscription and access costs

b) Eliminates manual keyword selection and refinement processes

c) Automatically prepares queries, unlike earlier database systems

d) Provides real-time patent status and prosecution updates

Answer: c) Automatically prepares queries, unlike earlier database systems

3. How does the applicant filtering feature function in analysis?

a) Filters jurisdiction data based on specific patent offices

b) Selects time periods for targeted data analysis

c) Generates company-specific analysis from filtered patent results

d) Classifies results using IPC code filtering mechanisms

Answer: c) Generates company-specific analysis from filtered patent results

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4. What does the “stemming” option allow in patent searches?

a) Filtering results by patent family relationships

b) Searching for word variations and related terms

c) Organising results by publication chronology

d) Limiting searches to specific technological domains

Answer: b) Searching for word variations and related terms

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5. Which document type was mentioned as no longer available in the United States post-
America Invents Act?

a) Plant patent applications

b) Supplementary protection certificates

c) Statutory invention registration

d) Design patent applications

Answer: c) Statutory invention registration system

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6. What term does the TRIPS agreement use for administrative enforcement at entry points?

a) Administrative enforcement measures for intellectual property protection

b) Special requirements related to border measures

c) Customs enforcement procedures for imported goods control

d) Port control mechanisms for intellectual property violations

Answer: b) Special requirements related to border measures

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7. Match the following legal sections with their specific provisions:

Column A (Legal Sections):

1. Section 48 of the Patent Act

2. Section 104 of the Patent Act

3. Section 109 of the Patent Act

4. Section 11 of the Customs Act

Column B (Provisions):

I. District court jurisdiction for infringement suits

II. Patentee rights and exclusive privileges

III. Patent holder as a defendant when not joining the suit

IV. Government power to prohibit import/export of goods

Which of the following represents the correct matching?

a) 1-II, 2-I, 3-III, 4-IV

b) 1-I, 2-III, 3-II, 4-IV

c) 1-III, 2-IV, 3-I, 4-II

d) 1-IV, 2-II, 3-IV, 4-I

Answer: a) 1-II, 2-I, 3-III, 4-IV

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8. What procedural requirement applies to compulsory licensees seeking infringement
enforcement?

a) Compulsory licensees must obtain patent office approval before litigation

b) Compulsory licensees must first request the patent holder to initiate action

c) Compulsory licensees must prove commercial exploitation of licensed technology

d) Compulsory licensees must demonstrate harm to domestic industry interests

Answer: b) Compulsory licensees must first request the patent holder to initiate action

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9. What is the current legal interpretation regarding patent enforcement through border measures
following the 2018 amendment to the IPR Enforcement Rules?

a) Patent enforcement requires legislative restoration since substantive rights were eliminated
with procedural rule amendments

b) Patent holders must obtain judicial orders directing customs officials despite removal from
the enforcement rule definitions

c) Border measures remain automatically enforceable through existing customs procedures

d) International TRIPS obligations mandate patent inclusion, overriding domestic rule

Answer: b) Patent holders must obtain judicial orders directing customs officials despite
removal from the enforcement rule definitions

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10. What procedural consequence occurs when a defendant raises a revocation counterclaim?

a) Case proceedings are suspended pending patent office review

b) District court loses jurisdiction and the case transfers to the high court

c) Additional expert witnesses must be appointed for technical assessment

d) International arbitration becomes the preferred dispute resolution mechanism

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11. How does the lecture characterise the relationship between patent claims and patentee rights
boundaries?

a) Patent claims establish a minimum protection scope subject to judicial interpretation

b) Claims function as property boundaries defining the fence of the patentee’s exclusive
rights

c) Claim language provides guidelines, but courts determine actual infringement scope
independently

d) Patent boundaries are fluid and adapt based on technological developments and market
conditions

Answer: b) Claims function as property boundaries defining the fence of the patentee’s
exclusive rights

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12. What are the two permanent remedies available in patent infringement suits?

a) Temporary injunction and interim damages for ongoing losses

b) Injunction and damages or accounts of profit from infringement

c) Asset freezing orders and evidence preservation mechanisms

d) Revocation counterclaims and invalidity defence strategies

Answer: b) Injunction and damages or accounts of profit from infringement

13. Match the enforcement mechanisms with their corresponding provisions and purposes

Column A (Enforcement Mechanisms):

1. Mareva Injunction

2. Anton Piller Order

3. John Doe Order

Column B (Provisions):

I. Order 7 Rule 1 CPC

II. Order 38 Rule 5 CPC

III. Order 39 Rule 7 CPC

Column C (Primary Purposes):

A. Freeze defendant’s assets to prevent dissipation and frustrate judgment execution

B. Initiate legal proceedings when the identity of the infringing defendants is unknown

C. Prevent destruction of evidence by enabling premises inspection and material collection

Which of the following represents the correct matching?

a) 1-II-B, 2-I-C, 3-III-A

b) 1-I-B, 2-II-A, 3-III-C

c) 1-II-A, 2-III-C, 3-I-B

d) 1-III-A, 2-II-C, 3-I-B

Correct Answer: c) 1-II-A, 2-III-C, 3-I-B

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14. Which of the following statements is not correct as per Section 20 of CPC 1908?

An infringement suit may be filed

a. where the defendant actually or voluntarily resides

b. where defendant carries on business

c. where defendant personally works for gain

Answer: wherever plaintiff wishes

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15. According to the Warner Jenkinson rule, when should equivalence be measured?

a) At the date of patent application filing with the patent office

b) At the date of patent grant by the examining authority

c) At the date of infringement, when the lawsuit is filed

d) At the date of invention conception by the inventor

Answer: c) At the date of infringement, when the lawsuit is filed

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16. In the context of claim limitations M+N+P, what would constitute non-literal infringement
under the doctrine of equivalents?

a) A product containing M+N+X, where X is functionally equivalent to P

b) A product containing only M+N without any equivalent to limitation P

c) A product containing M+P+X, where X replaces N but with different functionality

d) A product containing M+N+P+X+Y with two additional unrelated functional elements

Answer: a) A product containing M+N+X where X is functionally equivalent to P

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17. What is the fundamental policy tension that the doctrine of equivalents attempts to resolve?

a) Balancing international patent harmonisation requirements with domestic legal sovereignty

b) Preventing intelligent copyists from making cosmetic changes to escape infringement

c) Reconciling patent examination procedural standards with post-grant patent enforcement

d) Coordinating patent protection scope limitations with antitrust regulations and competition
law enforcement principles

Answer: b) Preventing intelligent copyists from making cosmetic changes to escape

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18. What does “pith and marrow” refer to in patent claim construction?

a) The physical structure and chemical composition of patented materials

b) The commercial value and market significance of patented inventions

c) The essential features of the invention that constitute its core elements

d) The prosecution history and prior art analysis during patent examination

Answer: c) The essential features of the invention that constitute its core elements

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19. What was the first Indian case to explicitly apply the US doctrine of equivalents approach?

a) Lallubhai Chakubhai Jariwala versus Chimanlal Chunilal

b) Raj Prakash versus Mangat Ram Chowdhry

c) Ravi Kamal Bali versus K`ala Tech

d) Novartis AG versus Adarsh Pharma

Answer: c) Ravi Kamal Bali versus Kala Tech

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20. What is the fundamental policy balance that Article 69 of the European Patent Convention
seeks to achieve?

a) Harmonising patent prosecution standards between different European jurisdictions

b) Fair protection for patent proprietors with reasonable legal certainty for third parties

c) Balancing administrative efficiency with comprehensive prior art examination procedures

d) Coordinating patent filing strategies with enforcement mechanisms across borders

Answer: b) Fair protection for patent proprietors with reasonable legal certainty for third
parties

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