-
Engineering and Architecture
Exams
Colleges
Predictors
Resources
-
Computer Application and IT
Quick Links
Colleges
-
Pharmacy
Colleges
Resources
-
Hospitality and Tourism
Colleges
Resources
Diploma Colleges
-
Competition
Other Exams
Resources
-
School
Exams
Top Schools
Products & Resources
-
Study Abroad
Top Countries
Student Visas
-
Arts, Commerce & Sciences
Exams
Colleges
Upcoming Events
Resources
-
Management and Business Administration
Colleges & Courses
Predictors
-
Learn
Online Courses
Engineering Preparation
Medical Preparation
-
Online Courses and Certifications
Top Streams
Specializations
- Digital Marketing Certification Courses
- Cyber Security Certification Courses
- Artificial Intelligence Certification Courses
- Business Analytics Certification Courses
- Data Science Certification Courses
- Cloud Computing Certification Courses
- Machine Learning Certification Courses
- View All Certification Courses
Resources
-
Medicine and Allied Sciences
Colleges
Predictors
Resources
-
Law
Resources
Colleges
-
Animation and Design
Predictors & Articles
Colleges
Resources
-
Media, Mass Communication and Journalism
Colleges
Resources
-
Finance & Accounts
Top Courses & Careers
Colleges
Get Answers to all your Questions
Read the given passage very carefully and answer the question
The law relating to patents in India is governed by Indian Patents Act, 1970 as amended by the Patents (Amendment) Act, 1999, and the Patents (Amendment) Act, 2002, which came into force with effect from May 2, 2003. The purpose of patents is to afford protection to the inventor for the invention for a limited period in exchange for the disclosure of all the necessary knowledge to ensure its commercial working. It provides an exclusive right to the inventor for exploiting the invention and affords protection against unauthorized use of the invention by third parties. The main objective of national patent legislation is to accelerate the technological and industrial development of the country.
The grant of a patent confers essentially monopoly rights on the inventor for a limited period. In turn, it is obligatory for the inventor to disclose complete details of the invention to ensure that it can be worked on a commercial scale. Once the term of the patent expires, the invention comes into the public domain. In India, all patents are granted for a period of 20 years. Something that is already known is not patentable. An invention is deemed to be new on the priority date if it does not form part of the state-of-the-art i.e., part of the knowledge available to the public. The priority date is usually the date on which the applicant for patenting his invention first makes the application. According to the definition of the inventive step, the invention must be non-obvious to a person skilled in that particular art, i.e. it must not follow plainly or logically from what is already known. To be patentable, the invention has to be capable of industrial application.
Question
An inventor applied for a patent for an improved design of a highlighter pen but his application was denied because he had published its details prior to filing the patent application. Here, refusal by the authorities-
Is right as the details were already published
Is wrong because the invention belongs to the inventor only it is immaterial if he revealed the details before
Is right because the merely improved design doesn’t involve any inventive step
None of the above
Answers (1)
Prior written or oral disclosure of the invention or making the knowledge publicly available before the date of filing of the patent application makes the invention a part of the prior art or state of the art. Hence, (a) is the correct answer.
