1. As per the provision of the Patents Act, a Patent of addition shall be granted before the date of…
Section 54(4) of the Patents Act, 1970 provides that "A patent of addition shall not be granted before grant of the patent for the main invention", so Statement 1 is false.…
Choose your answer
1. As per the provision of the Patents Act, a Patent of addition shall be granted before the date of grant of the Patent for the main invention.
2. As per the provision of the Patents Act, the Patent of addition shall not be refused on the ground only that the invention claimed in complete specification does not involve any inventive step having regard to any publication or use of the main invention described in the complete specification relating thereto.
Answer and explanation
Correct answer B
Section 54(4) of the Patents Act, 1970 provides that "A patent of addition shall not be granted before grant of the patent for the main invention", so Statement 1 is false.
Section 56(1) provides that the grant of a patent of addition shall not be refused "on the ground only that the invention claimed in the complete specification does not involve any inventive step" having regard to publication or use of the main invention, so Statement 2 is true.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Patent Agent
-
CUET PG Law (LL.M.)
Subject revision