1. I am attending the Patent Agent Examination this year (2013- May 4th and 5th)at Chennai, Tamilnadu. The Last exam was conducted in January 2011 and before that in January 2010. Previous year question papers of Patent Agent Examination conducted by Controller General of Patents, Trademarks in India are

(i). The Question paper for Part-I-January 2010

(ii). The Question paper for Part-II-January 2010

(iii). The Question paper for Part-I-January 2011

(iv). The Question paper for Part-II-January 2011

The Solution to last year's paper-I:

Select the correct answer:

1. A granted patent gives the patentee the right to claim damages:
a. From the priority date of the patent
b. From the date of grant of the patent
c. From the date of filing of the complete specification
d. From the date the patent applicant has survived an opposition proceeding
e. From the date of publication of the patent application in the official journal

Answer: e. The rights of the patentee starts from the date of publication, but they cannot be enforced until after patent grant. :)

2. A patent can be revoked
a. Anytime after its grant
b. Only after 1 year from the date of grant
c. Only after 3 years from the date of grant
d. Only after obtaining permission from the Controller of Patents
e. All of the above

Answer; a. Any interested person including the government can make a petition for revocation of patent on any of the various grounds specified under Section 64 of the Patents Act. Unlike the post-grant opposition, the revocation of patent is not a time bound procedure. The patent may be revoked anytime during the life of patent by any person interested under Section 25 of the Act. If challenge under Section 25 is not successful, a second chance can be taken under Section 64.

3.India is a member of the
a. Paris Convention
b. Patent Cooperation Treaty (PCT)
c. Strasbourg Agreement
d. Substantive Patent Law Treaty
e. All of the above

Answer: (a) and (b).

India became a member of PCT on December 7, 1998. As on date there are 146 member nations in PCT. Accession of India to Paris convention was with effect from December 7, 1988 through the Stockholm Act, 1967. The SPLT is in draft stage and was put on hold in 2006.In Strasbourg Agreement there are 62 members, of which India is not one of the signatories.

4. As per the Indian Patent Act, a complete specification must be filed within
a. 12 months of filing a provisional application
b. 18 months of filing a provisional application
c. 15 months of filing a provisional application
d. 10 months of filing a provisional application
e. None of the above

Answer: a. The provisional application is deemed to be abandoned if the complete specification is not filed within one year from date of filing provisional specification.

5. A product may be sold in the market without destroying its novelty
a. Only after applying for a patent
b. Only after the grant of a patent
c. Only after publication of the patent application in the official journal.
d. Only if the process for its preparation is kept secret
e. None of the above.

Answer: a. Prior public use of the invention in India before the date of filing of application destroys the novelty of the invention. However, there is an exception that if an invention has been publicly worked in India within one year before the priority date by the patentee and such working of the invention was only for the purposes of reasonable trial and it was necessary to effect such trial or working in public (Section 32). Obviously, this does not include selling ;)

6. Prior Art does not include:
a. Knowledge disclosed in publications
b. Knowledge disclosed only orally
c. Knowledge disclosed only to members of one's family
d. Knowledge disclosed only in patents
e. Knowledge available in the public domain

Answer: c. Per the document available on WIPO, In India, Publication in any document or used in India or elsewhere in the world before the filing date (priority date)- this removes the (a), (d), (e). Regarding (b)- part of knowledge (including oral) available within any local community is not considered new(novel). However (c)i.e., family not being a public domain, per the manual of patent practice and procedure 3.3.8, its prior art on the date if first becomes available to public, in whatever manner or language

7. A complete patent specification shall disclose
a. All the methods of performing the invention
b. All anticipated uses of the invention
c. The best method of performing the invention
d. All of the above
e. None of the above

Answer:c . Per Section 10(4)(b): Complete specification shall disclose the best method of performing the invention which is known to the applicant. Obviously, (a) and (b) is humanely impossible to ascertain right? ;)

8. As per the Indian Patent Act, a resident in India:
a. Is free to file a patent in a foreign country without first filing the said patent in India.
b. Can file a patent in a foreign country without first filing the said patent in India, only under certain special circumstances
c. Can file a patent in a foreign country only after filing a PCT application on the same subject matter.
d. Can file a patent in a foreign country only after grant of the said patent in India
e. None of the above

Answer: .

9. Can the government of India use any patented invention merely for its own use?
a. Yes
b. Yes, it can do so, only when the President of India sanctions such use
c. Yes, it can do so, only if the government notifies its intention of using the said patent before two months of such use
d. Yes, only after 3 years of the date of grant of the patent
e. All of the above

Answer: .

10. An Indian generic company can export a drug which is patented in India to Nepal, where there is no such patent, if.
a. It obtains a compulsory license in India under section 84.
b. It obtains a compulsory license in Nepal
c. It obtains a compulsory license in both India (under section 84) and Nepal
d. The government of Nepal issues a notification on public health grounds
e. None of the above

Answer: .

Continuation of the remaining solved papers