Patent Questions and Answers

  1)  Identify the correct statements 
a. Software patents are allowed in Europe Only 
b. Software patent examination is fast and lead to early grant 
c. The criteria for software patentability is country specific and currently open to interpretation due to changing legal landscape 
d. Software patents are granted globally, not country wise 
e. A mathematical or business method or a computer program per se or algorithms are allowed as inventions in software patents. 
x
2) What are the criteria of patentability? 
a. Novelty 
b. Inventive step 
c. Industry applicability  
d. Best mode 
e. Reduction to Practice or Working model  

3) Patent Cooperation Treaty (PCT) provides a mechanism for the filing of single international patent application which has the same effect of national applications filed in the designated countries? 
a. True 
b. False  

4) Among the sections of Indian patent act, computer program per se is treated as non-invention? 
a. section 3(m) 
b. section 3 (j) 
c. section 3(k) 
d. section 2(k) 

5) When it is not fully developed enough for filing, what type of filing can be done by the inventors? 
a. provisional patent 

6. An inventor came up with the idea which patent eligible as per section 3 and section 4 of Indian patent Act. Which of the following options is true in such a case? 
a. The inventor can get patent as his idea is novel 
b. The inventor can get patent only if his idea is novel and inventive 
c. The inventor can get patent only if his idea is novel, inventive and has some utility 
d. The inventor can get patent only invention claims anything obviously contrary to well established natural laws. 

7) Computer programs can be considered as patentable inventions when they have a non-technical behavior? 
a. True 
b. False 

8) What is the main purpose of providing CRI (Computer Related Invention) guidelines by Indian patent office? 
a. to classify different types of software patents which are patentable and non-patentable 
b.to foster uniformity and consistency in the examination of CRIs 
c. to define various types of software patents 
d.to publish patent application in a more efficient way  
e. to streamline the process of patent filing through regional patent offices across India 

9) Identify the correct statements  
a. Software can be patented in the U.S, if it is unique and tied to the machine 
b.  As per America Invents Act laid out in 2013, any non-US citizen can file a patent in the U.S patent office, only he has  
c. Software patents in the U.S are granted for a period of 18 years from the date of grant of 20 years from the date of filing. 
d. As per America invents Act laid in 2013, patent can be granted on any mathematical formula and on application 
e. As per the America inventions Act laid in 2013, "first inventor to file" is allowed for filing patent applications. 

10) Which of the following inventions are not patent eligible subject matter under section 3 of Indian patent act? 
a. A novel method of water purification 
b. Anti-bacterial and anti-viral property of ginger to cure cold and cough 
c. a system and method for measuring the blood sugar of the person from the fingertip 
d. A machine polluting the air. 
e. A method of agriculture or horticulture. 

11. Identify the incorrect statements?  
a. A provisional application is a non-permanent application which is filed when the invention is in the initial stage and under research to mature in future 
b. A provisional application must be followed by a computer specification within 2 years from the date of provisional application. 
c. Complete after provisional application must be filed within 18 months (about 1 and a half years) after filing of the provisional application. 
d. if the applicant considers that the invention has matured enough to be disclosed but not fully developed, then provisional specification is submitted along with a patent application. 
d. national applications are generally filed at national office such as Indian patent office, to obtain a patent in the country of that office.  

12. What are the requirements of subject matter eligibility under section 101 in the U.S. office? 
a. Claimed invention must be directed to one of the four statutory categories of inventions i.e. process machine, manufacture, or composition of matter. 
b. Claimed invention must not as whole be directed to Judicially recognized exceptions including laws of nature, natural phenomena and abstract idea. 
c. Claimed invention must not as whole be directed to mere-physical phenomena, scientific principles, systems depending only on human intelligence, mental process, disembodied matter. 
d. Claims directed to or encompassing a human organism. 
e. Claims directed to the basic tools of scientific and technological work and claimed as a process, machine, manufacture or composition of matter. 

13) Patent prosecution is the interaction between applicants of their representatives, and the patent office regarding a patent, or an application for a patent.  
a. True 
b. False 

 
14)  What do you understand by patent application date? 
a. Date on which the patent application was filed 
b. Date on which the patent application was available to the public. 
c. Date on which the patent application was granted notice of allowance. 
d. Date on which the patent application undergoes first examination by patent office 
e. Date on which the patent application is internally published by the patent office. 

15)  Among the following, which is not a Patent granting Authority? 
a.  USPTO (United States Patent and Trademark Office) 
b. EPO (European Patent Office) 
C. JPO (Japan Patent Office) 
d. WIPO (World Intellectual Property Organization) 
E. IPO (Indian Patent Office) 

16) Bibliographic Information of a patent document does not provide which of the following information? 
A. Inventors/Applicant/Assignee 
B. Priority date/ filed date /grant date 
C. References Cited /Classifications 
D. Publication date 
E. Detailed description 

17) A Patent document is a ------------------- 
A. Legal document 
B. non-legal document 
C. Technical document 
D. Functional document 
F. Business document  
 
18)  Patents must be renewed by paying a renewal fee so that they are kept "in-force"? 
A. True 
B. False  

19) Which section of the patent document defines the scope of invention? 
A. Summary  
B. Description 
C. Claims 
D. Drawings 
E. Abstract 

21) A number published on the document at USPTO (United States Patent and Trademark Office) is Choose correct option?  
A. Patent Application publication number  
B. Granted patent number for design patent 
C. Granted patent number for utility patent 
D. Patent Application number 
E. Reissued patent number 

22) As per the manual of patent examination procedure (MPEP), an applicant can amend the claims during prosecution. Which of the following is true? 
A. Yes, without any restrictions and anytime during the examination phase 
B. Yes, only if amended claim is sufficiently disclosed in the description  
C. Yes, and moreover additional subject matter may be added to the specification in support of
the claims before the final office action. 
D. Once filed, claims cannot be modified unless there is a written approval from supervisory Patent examiner.
E. Yes, but only the dependent claims can be amended and at any time during the examination phase 

23) To determine literal infringement of a competitor's product on a company patented invention in U.S It is sufficient to check which of the following? 
A. All the elements of at least one of the independent claims of a company granted patent, maps to the features of the competitors product. 
B. The functions performed by the competitor's product should be present in the description of the Company granted patent. 
C. The functions performed by the competitor's product should be present in the summary of the Company granted patent. 
D. At least one of the elements claimed in the dependent claim of the Company granted patent should map to the functions performed by the competitor product. 
E. The functions performed by the competitor's product should be present in the abstract and description of the Company granted patent. 

24) Arrange the following in the chronological sequence of patent filing to Patent grant as per examination norms laid out by the Indian patent office. 
1. Office action 
2. Request for examination 
3. Publication of Patent 
4. Examination of Patent 
5.  Patent Grant 
1-->2-->4--> 3-->5 
2-->3-->1-->4-->5 
3-->2-->1-->4-->5  
2-->4-->3-->1-->5 
3-->2-->4-->1-->5 

25) 1. A device, the device compromising a writing instrument, and at least one light source attached to the writing instrument  
2. The device in claim 1, wherein the least one light source is detachably attached to the writing instrument. 
Choose correct answer 
        a.  Claim 1 is an independent apparatus claim 
          b.  Claim 2 is dependent method 
          c.   Comprising is an element of the independent claim.
          d.   "A writing instrument, and at least one light source attached to the writing instrument" are transitional phrases of the independent claim. 
        e. Claim 1 is dependent apparatus claim. 

26) In case of U.S patent application, the background section of a patent document provides which of the following?  
A. Existing technology relating to the field of invention as of today. 
B. Existing technology relating to the field of invention at the time of filing patent application for the invention. 
C. Limitations and problems in the art at the time of patent application. 
D. Existing technology relating to the field of invention at the time of grant of the patent application. 
E. Existing technology relating to the field of invention at the time of publishing of patent application. 

27 ) An Application residing in the U.K, files a patent application in india claiming priority from the first applicantion in UK. The terms of patent granted in india will be.
A. 20 years from the date of filing of the earliest application (U.K Application)   
B. 20 years from the date of filing the application in india
C. 17 years from the date of grant of application in india   
D. 20 years from the date of publication of the application    
E. 20 years from the date of filing or later filed application (Indian Application)  

28) Identify the correct statements  
A. In most patent rules, renewal annuities or Maintenace fees must be regularly paid in order to keep the patent in force. 
B. Patent maintenance begins after the publication of patent application. 
C. The term of the patent is the maximum period for which it can be maintained in force. 
D. In certain jurisdictions, patent renewal fee also varies based on number of claims in the patent. 
E. The term of every patent in India is twenty years from the date of filing of the patent application, irrespective of whether it is filed with provisional or complete specification

29)   Among these, identify what is not present in an indian patent application ?
A. Claims
B.Drawings
C. Abstract
D. Features
E.Summary