The Patents Act, 1970

Qualifying Examination under section 126 of the Patent Act

(As amended & updated)
PAPER-1 (PROVISIONS OF PATENTS ACT & RULES)
November-2007
Time-2 ½ Hrs.
Total pages-3
Instructions: 1. All questions are compulsory.
2. Marks of each question are indicated at the end of the question.
3. Answers should be precise and to the point supported by relevant
provisions of the Act and Rules.

Q 1- Fill in the blanks: -

(a) The Address for service in an application for Patent made by a legal entity may be
amended before grant of a Patent by making a request on Form _______ and
paying fees of Rs.__________.

(b) The period within which proof of right under section 7 (2) to make an application
shall be furnished within __________ months from the date of ____________.

(c) An applicant from Delhi may file an application for Patent under PCT in Patent
office __________ and _______.

(d) Except in certain circumstances, every application for Patent have to be published
U/S _________ of the Patent Act after _______ months from the date of priority.

(e) An application for restoration of a lapsed Patent shall be made within ______
months on form ________ from the date of cessation of the Patent.

(f) The total number of pages in complete specification are ______________ and
claims are _____ for which no additional charges are to be paid at the time of
filing of patent application.

(g) An application for compulsory license for export of Patented pharmaceutical

products in certain exceptional circumstances U/S 92(A) may be filed on form
________ and on payment of a fees of Rs.________ for a legal entity.

(h) The information regarding working of Patent are furnished on form ________
failing which a fine upto Rs._________ may be imposed on Patentee.

(i) A request for examination U/S 11(B) shall be made in Form _________ within
________ months from the date of priority or from the date of filing of the
application, whichever is _________.

(j) The term of Patent is _______ Years from the date of __________.

(1 x 10=10)

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Q 2- State the purpose and the fees to be paid by a legal entity (or individual
wherever no legal entity is involved) in respect of the following forms :

(a) Form 25 (b) Form 3 (c) Form 6

(d) Form 7 (e) Form 22 (f) Form 23

(g) Form 26 (h) Form 24 (i) Form 9

(j) Form 5
(1 x 10=10)

Q 3- State the maximum time limits for following activities: -

(a) For filing a PCT National phase application in India.

(b) For putting an application in order for grant.
(c) For filing a notice of post grant opposition.
(d) For filing a complete specification after provisional specification.
(e) For filing an information regarding foreign filing by the applicant.
(f) For withdrawing the application in order to avoid the publication U/S 11(A).
(g) For filing representation by way of opposition U/S 25(1)
(h) For filing a reply statement and evidence U/R-58 in an opposition processing U/S
25(2).
(i) For filing an opposition to the restoration of a patent U/S-61.
(j) For payment of renewal fees for continuance of a Patent.

(1 x 10=10)

Q 4- Mention the Patentablity of the following inventions: -

(a) A method of treatment of a human being.

(b) A method of treatment of plants.
(c) A polymorph of a known molecule of pharmaceutical substance proven to
have improved efficacy for the treatment of human being.
(d) A mixture of chemical substances with sum total of the properties of each
Ingredients.
(e) A mere computer programe.
(f) A new combination of devices with independent functioning of each component
device.
(g) A novel property of the known substance.
(h) A combination of the traditionally known components having a very surprising
novel effects.
(i) A DNA sequence isolated from plant cell.
(j) A method of horticulture.

(1 x 10=10)

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Q 5- Answer any five of the following questions: -

(a) Calculate the approximate fees to be paid for the use of R.O. India and
International Authorities including IB by a legal entity for filing a PCT
application containing 30 pages and 10 claims. The ISA selected is EPO. Assume
that no soft copy of the document in PCT easy or safe has been filed.
(b) Mention any five grounds for filing an opposition to the grant of a Patent U/S
25(2).
(c) Calculate a fees in INR to be paid by a legal entity for filing an ordinary
application with 30 pages and 10 claims. Assuming that request for examination
and early publication is being filed together with the application.
(d) State the Acts that are not considered as an infringement as stipulated U/S
107(A).
(e) Mention any five section of the Patents Act for which an appeal shall lie to
appellate board for any decision/order of the Controller.
(f) State the Penalty provisions mentioned in the Patent Act in Chapter-XX for the
following activities.
(i) Contravention of Sec 35 and Sec 39 of the Patent Act.
(ii) Wrongful use of the word Patent office.
(iii) Practice by non registered Patent Agent.
(g) What is a convention application for a Patent? What are the documents required
to be filed along with a convention application? What are the major requirements
(any two) to claim priorities of basic application filed in convention country?

(7 x 5=35)

Q 6- Write short notes on any 5 of following: -

(1) Inventive step

(2) Date of Patent
(3) Patent of Addition
(4) IPAB (for patent)
(5) Rights of Patentee
(6) Patentablity of pharmaceutical substances
(7) Surrender of patents
(8) Disqualification for registration as Patent agent.
(5 x 5=25)

End of Document

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 The Patents Act, 1970
Qualifying Examination under section 126 of the Patents Act
(As amended & updated)
PAPER-II
Drafting and Interpretation of Patent specification and other Documents
November, 2007
Time :- 2 ½ Hrs. Total Marks –100
Total Pages - 7
Instructions : 1. All questions are compulsory.
2. Marks of each question are indicated at the end of the
question
3. Answers should be precise and to the point supported by
relevant provisions of the Act and Rules.
Q.No.1. Answer any five of the following :-
a) Your client ABC Pharma, Chennai approaches you with a known molecule
having slight modification therein by adding a methyl group in the benzene ring. They
wish to obtain a Patent for this invention. Advise appropriately to your client about the
available provisions in the Indian Patent Act.

b) Your client has filed an application for patent. They received first examination
report from the Controller of Patents with the objection that “your said application
contains the claims from 8 to 15 distinct from rest of the claims not falling under the
single inventive concept”. Advise your client suitably about the provisions in the
Patent Act in this regard.

c) Your client Nokia Corporation, USA wishes to file an application for Patent in
India based on the application filed in USA dated 01.01.2007. The invention of US
application has been published in a journal on 01.10.2007 in India and US. Explain to
your client the relevant provisions to protect the invention in India appropriately.

d) Your client isolated a new DNA sequence from the cells of a plant of Apple.
The said DNA sequence on modification in vivo developed resistance to a disease. The
client wishes to protect following :
(i) A modified DNA sequence of the plant
(ii) A method for isolation of DNA sequence
(iii) A DNA sequence in the cells of the plant
(iv) A method of modifying DNA sequence in vivo
(v) A method of treatment of plant by modification of the DNA sequence in
vivo as claimed in claim 1.

Advise appropriately to your client about the relevant provisions for the protection
of above kind of invention.

e) Your client LG Chemicals Pvt. Ltd., Korea wishes to enter into the National
Phase of India for obtaining Patent as early as possible based on his international
application (without claiming any priority of earlier filing) filed in Korea. With this
intention he approached you at 12th month from the date of international application
filing with the prior art search report and preliminary examination report from the
International Search Authority.

Advise your client the available provisions in the Indian Patents Act and rules to
proceed with such National Phase application in the circumstances as mentioned
above.
f) The Pfizer Pharma Ltd, USA obtained a patent on a pharmaceutical product

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from the Indian Patent office. Your client Zindal Pharma Pvt. Ltd., came to know
about the said patent on receipt of a notice of infringement from the Pfizer Pharma
Ltd., USA. The Zindal Pharma Pvt. Ltd. approached you for remedial action. They
informed you that they are already manufacturing the same product and are exporting
to Zambia. They have taken appropriate license to export the Drug from the
authorities.
Advise your client the course of action which may be adopted to benefit your client.
(10 x 5 = 50)
Q.No.2 Your client Maruti Pvt. Ltd., Gurgaon sent a request for examination through
speed post in respect of an application filed by them. The said document was delivered
in Patent office by Post office two days after the last date for the filing of the request
for the examination. Patent office sent a communication to Maruti Pvt. Ltd., Gurgaon
stating that the request for examination has been filed after the due date and therefore
cannot be taken on record.
Your client approaches you to take remedial action. Draft appropriate
documents to justify the stand in favour of your client.
or
Draft an application in favour of your client XYZ Pharmaceutical Ltd., 23,
Industrial Estate, Hyderabad 500049 for obtaining compulsory license for export of
patented anticancer pharmaceutical product “sunitinib” u/s 92(A) of the Patent Act,
1970 to “Angola”. The facts of the Patent is as under :
Patentee Royal Pharma, Roland Industrial Zone, UK
Patent No. 205774
Documents and evidence (i)Drug license issued by Angola Govt. in favour of
in support of obtaining XYZ Pharmaceutical Ltd., Hyderabad for supply of
compulsory license u/s 92 (A) 20000 tablet per month
(ii) Letter from Angola Govt. authorizing XYZ
Pharmaceutical Ltd., Hyderabad for export of its Drug
to Angola for the purpose of export to Angola
Terms and conditions The Royalty of the three percents (3%) on net ex-
acceptable to XYZ factory price is payable to the Patentee
Pharmaceutical Ltd.,
Hyderabad with regard to
Royalty on issuance of the
Compulsory License under
section 92(A) for export
(20 x 1 = 20)
Q.No.3 Draft Complete specification including claims for filing patent
application on the basis of the information given by the applicant :
Applicant’s Name: Sanjeevani Herbals Pvt. Ltd, Industrial Estate, Okhla, New Delhi
Disclosure of the Invention:
We have developed a herbal formulation for treating AIDS and also have
developed a process for preparing the same. The herbal formulation consists of Tulasi
seeds, Momordica charantia seeds, Silaja, Silajit, Karanajaka, Chanaka , Kaphyog,
Cinnamomum zeylanicum bark, Curcuma zedoaria root, Allilum sativum bulb and
Betula alba bark . The herbs are used in amounts effective to produce a physiological
benefit in combination with an amount of sodium chloride, more preferably sea salt,
which is effective to promote the digestibility (palatability) and storage stability of the
therapeutic composition.
Presently there is no specific and proven herbal medicine available for the
treatment of AIDS. Currently the patients with AIDS are being treated using synthetic
drugs, which are not only expensive but also have negative side effects like nausea,
weight loss, cardiac irregularities and other related secondary effects.

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 This herbal formulation is based on plants, which are easily available in India,
and so the treatment is cheaper. The composition of herbs described herein functions to
augment the immune system through the synergistic interaction of the herbal
components. The herbs are used in amounts effective to produce a physiological
benefit in combination with an amount of sodium chloride, more preferably sea salt,
which is effective to promote the digestibility (palatability) and storage stability of the
therapeutic composition. The formulation is therapeutically effective and shows good
clinical efficacy and at the same time shows a drastic reduction of side effects. The
formulation can be formulated in tablets, tonic and has good taste.
The term "sea salt" is used to describe preferred salt which is used in the
present invention to promote the digestibility and storage stability of compositions
according to the present invention. Although any source of sodium chloride may be
used in the present invention, provided that the amount of sodium chloride represents
approximately 1% to about 20% by weight, more preferably about 3% to about 5% by
weight of the final composition.
The above herbs are typically dried and ground to a fine powder. All ingredients are
washed. Ripened seeds of Tulasi and Momordica charantia are selected. All ingredients
are pulverized to fine powder and then mixed with sodium chloride. The antioxidant
such as Vitamin C& Vitamin E is used as gum and stabilizers and other known
ingredients such as flavors may be used upto 2%.
All weights are expressed in milligrams and all percentages are by weight of
the essential elements in the composition. The composition is typically an intimate
mixture of powders. However, extracted herbs may also be used. The composition is
then combined with effective amounts of sodium chloride, more preferably sea salt, in
amounts effective to substantially enhance the digestibility and the storage stability of
the composition. This amount generally ranges from about 1% to about 20% by weight
of the composition, more preferably about 3% to about 5% by weight of the
composition. 3% by weight of salt is most preferably included in the present
compositions. The herbal mixture comprises from about 1.5% to about 75% Tulasi
seeds, from about 1.5% to about 75% Momordica charantia seeds; from about 0.7% to
about 35% Silaja bark; from about 0.6% to about 30% Silajit root; from about 0.6% to
about 30% Karanajaka fruit; from about 0.6% to about 30% Chanaka, from about 1.5%
to about 75% Kaphyog root, from about 1.5% to about 35% Cinnamomum zeylanicum
bark,; from about 0.4% to about 25% Curcuma zedoaria root bark from about 0.4% to
about 25% Allilum sativum bulb; and from about 0.4% to about 25% Betula alba bark.
The antioxidant such as Vitamin C& Vitamin E is used as gum and stabilizers
and other known ingredients such as flavors may be used upto 2%.
Draft a complete specification for the protection of process and product in a single
application.
or
Applicant’s Name: M/S Thomson and Thomson Co. .Pvt .Ltd, 198, E Block,
Sector-23, Gurgaon, Haryana, India
Disclosure of the Invention:
This invention aims to provide a toothbrush which can effectively remove by
brushing plaque on surfaces such as between teeth or between teeth and gums where
plaque is easy to accumulate and at the same time massage gums.
Toothbrushing has become an established custom for public people in
everyday lives in recent years. The toothbrushing aims to prevent dental caries,
periodontitis and foul breath and to massage gums, and which is widely done using
toothbrush. The toothbrushes are used to remove plaque adhered to teeth as well as
food residue between teeth and to massage gums as well. For conventional toothbrush
filament, mainly monofilament made of uniform resin with round sectional shape has
been used. Concerning tip shape of such monofilaments, hemispherical or tapering
shape is known. Further toothbrushes are known which uses filaments with only one
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tip shape or two or more tip shapes for individual tuft and they are embedded in tuft
holes on the block head.
As public interest in oral care grows strong in recent years, to remove
effectively plaque which will cause carious teeth or periodontitis, a number of
toothbrushes have been developed as shown above. However in the case of
toothbrushes whose bristles have all needlelike tapering tips to remove plaque adhered
to the surface between teeth and gums, because the bristles near tips becomes too thin
and too flexible, the bristle tips lose their stiffness necessary to remove plaque
sufficiently, and the purpose of toothbrushes to prevent periodontitis cannot be attained
after all.
On the other hand, toothbrushes whose bristle ends being round or hemispherical are
suitable to clean flat surfaces of teeth or to massage gums, however it is difficult for
such toothbrushes to remove plaque between teeth or in boundary spaces between teeth
and gums because the bristle tips are too thick to enter such boundary spaces to remove
plaque therein. That is, it is difficult for conventional toothbrushes having bristles with
same tip shape or those with different tip shapes being uniformly mixed to clean up in
every nook and corner in the mouth.
The preferred embodiment of the present invention essentially comprises a toothbrush
effective regardless of toothbrushing method or technique to prevent carious teeth or
periodontitis which can more easily and effectively clean up in every nook and corner
in the mouth than conventional ones, that is, the toothbrush can remove plaque and
food residue adhered to surfaces between teeth, between teeth and gums and occlusal
surface and give a proper stimulus to gums by massaging to quicken the circulation of
the blood.
The toothbrush head comprises tufts 4, 5 of bristles of polygonal cross-section,
and tufts 6 of bristles of sheath-core construction which shows in cross-section as
concentric circles. The polygonal bristles enable the cleaning of flat tooth surfaces and
gum massage. The sheath-core bristles have a hard core for penetration between teeth
and a softer sheath reducing bending. The cross-sections, lengths, profiles, tip shapes
and materials of the bristles are extensively described.
In the drawings, FIGURE l (a) illustrates a plan view of a block head of a toothbrush in
accordance with the present invention and
FIGURE l(b) a side view thereof.
FIGURE 2 illustrates a front view of on rush portion and a block head of a toothbrush
in accordance with the present invention.
Figure 3(a) illustrates a plan view of a toothbrush in accordance with the present
invention, and Figure 3(b) a side view thereof.
Figure 4(a) to (d), each illustrates a portion of sectional view showing condition
polygonal filaments being densely embedded, that is, Figure 4(a) shows a triagonal
filament, (b) a tetragonal filament, (c) a hexagonal filament and (d) a octagonal
filament, and Figure 4(e) illustrates the condition of conventional filaments having
round cross section.
In the Figures, the following reference symbols are used: 1- block head, 2-handle, 3-
block head surface, 4 and 5 tufts of polygonal filaments, 6-tuft composed of sheath-
core structural filament, 7- brush end, α- an angle of the first cut surface to the block
head surface, β- angle of the third cut surface to the block head surface.
Draft a complete specification from your client including statement of claims.
(30 x 1 = 30)

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End of Document