Indian patent system and patent filing basics (provisional, non-provisional, PCT) MCQs With Answer

Introduction

Indian patent system and patent filing basics (provisional, non-provisional, PCT) MCQs With Answer is a concise quiz resource tailored for M.Pharm students preparing for exams in Regulations and Legislation, especially Intellectual Property Rights. This set explains practical aspects of patentability, the difference between provisional and complete (non‑provisional) specifications, priority claims, timelines, and procedural steps under the Patent Cooperation Treaty (PCT). Each question is designed to reinforce critical concepts such as novelty, inventive step, exclusions under Indian law, publication, examination requests, opposition routes, and national phase entry. Use these MCQs to strengthen understanding for coursework, project planning, and regulatory compliance in pharmaceutical innovation.

Q1. Which authority is responsible for administering the patent system in India?

• Intellectual Property Appellate Board (IPAB)
• Controller General of Patents, Designs and Trade Marks (CGPDTM)
• Department of Pharmaceuticals
• The Ministry of Law and Justice

Correct Answer: Controller General of Patents, Designs and Trade Marks (CGPDTM)

Q2. What is the maximum term (duration) of a patent granted in India from the date of filing?

• 14 years
• 16 years
• 20 years
• 25 years

Correct Answer: 20 years

Q3. A provisional patent application in India primarily provides which immediate benefit?

• Automatically grants a patent for 12 months
• Secures an early filing date while allowing 12 months to file a complete specification
• Makes the invention immune from opposition
• Exempts the applicant from examination fees

Correct Answer: Secures an early filing date while allowing 12 months to file a complete specification

Q4. Which of the following is NOT a requirement for patentability in India?

• Novelty
• Inventive step (non-obviousness)
• Industrial applicability (utility)
• Prior publication in India only

Correct Answer: Prior publication in India only

Q5. Under the Patent Cooperation Treaty (PCT), the international publication of a PCT application normally occurs at what time after the priority date?

• 6 months
• 12 months
• 18 months
• 24 months

Correct Answer: 18 months

Q6. How long does an applicant have to enter the national phase in India for a PCT application (counted from the priority date)?

• 12 months
• 20 months
• 30 months
• 31 months

Correct Answer: 31 months

Q7. Which of the following inventions is expressly excluded from patentability under Indian law?

• A new small-molecule with enhanced bioavailability
• A method of surgical treatment for humans
• A novel formulation with improved stability
• A new industrial enzyme useful in manufacturing

Correct Answer: A method of surgical treatment for humans

Q8. What is the usual period between publication of a patent application and when any person may file a pre-grant opposition in India?

• Pre-grant opposition must be filed before publication
• During prosecution after publication and any time before grant
• Only within 30 days after publication
• Only after grant of the patent

Correct Answer: During prosecution after publication and any time before grant

Q9. Which statement best differentiates a complete (non-provisional) specification from a provisional specification in India?

• A complete specification is optional if a provisional is filed
• A complete specification contains full disclosure and claims and must be filed within 12 months of provisional filing
• A provisional specification requires claims and drawings but no description
• A provisional specification guarantees grant if filed first

Correct Answer: A complete specification contains full disclosure and claims and must be filed within 12 months of provisional filing

Q10. Which international report, issued under the PCT, provides a preliminary opinion on novelty, inventive step, and industrial applicability?

• International Search Report (ISR)
• International Publication Report (IPR)
• International Preliminary Report on Patentability (IPRP)
• Patent Grant Recommendation (PGR)

Correct Answer: International Preliminary Report on Patentability (IPRP)

Q11. When must a Request for Examination be filed in India for a national application (non-PCT) to avoid abandonment?

• Within 12 months from filing
• Within 36 months from filing
• Within 48 months from the priority date or filing date as applicable
• Only after publication

Correct Answer: Within 48 months from the priority date or filing date as applicable

Q12. Which of the following rights does a granted Indian patent confer on the patentee?

• Absolute right to practice the invention without any government license
• Exclusive right to prevent others from making, using, selling or importing the patented invention
• Right to prevent academic discussion of the invention
• Right to extend the patent term by amendment

Correct Answer: Exclusive right to prevent others from making, using, selling or importing the patented invention

Q13. In India, which of the following is a ground that can be used in a post‑grant opposition?

• The patentee’s failure to pay taxes
• The subject matter was anticipated by prior publication anywhere in the world
• The patentee did not commercialize the product within one year
• The patentee is not an Indian resident

Correct Answer: The subject matter was anticipated by prior publication anywhere in the world

Q14. What happens if a complete specification is not filed within 12 months of filing a provisional application in India (and no extension)?

• The provisional automatically converts into a granted patent
• The provisional application is treated as abandoned
• The patent term is reduced proportionally
• The applicant gets another 12 months as a grace period

Correct Answer: The provisional application is treated as abandoned

Q15. Which concept describes the requirement that a patent application must not combine unrelated inventions into a single claim set?

• Novelty
• Inventive step
• Unity of invention
• Industrial applicability

Correct Answer: Unity of invention

Q16. Under the PCT route, an applicant receives an International Search Report (ISR). What practical value does the ISR provide to a PCT applicant?

• Guarantees grant in all designated countries
• Identifies prior art and helps assess patentability before national phase entry
• Automatically decides the patent term in each country
• Makes national phase entry unnecessary

Correct Answer: Identifies prior art and helps assess patentability before national phase entry

Q17. Which situation could trigger a compulsory license application under Indian patent law?

• Patent owner voluntarily licenses the technology to multiple parties
• The patented drug is not available to the public at a reasonably affordable price and adequate supply
• The patent expires before 20 years
• The patentee files a divisional application

Correct Answer: The patented drug is not available to the public at a reasonably affordable price and adequate supply

Q18. Which of the following best describes “priority date” in patent law?

• The date on which the patent is granted
• The earliest filing date from which novelty and inventive step are judged, based on a prior filing claiming priority
• The date by which examination must be requested
• The date the invention was first conceived

Correct Answer: The earliest filing date from which novelty and inventive step are judged, based on a prior filing claiming priority

Q19. If an applicant files a PCT application with a scientific disclosure and then files a national application in India claiming priority, what must the Indian national phase application contain to maintain the priority claim?

• Only a statement that priority is claimed, no documents required
• A certified copy of the PCT application and necessary translations within prescribed time limits
• No filing fees need to be paid in India if PCT was filed
• The applicant must re-file the provisional application in India

Correct Answer: A certified copy of the PCT application and necessary translations within prescribed time limits

Q20. Which of the following correctly states the relationship between PCT international filing and grant of patents?

• A PCT international application itself results in a granted patent valid in all member countries
• The PCT filing centralizes search and preliminary examination but the grant of national patents occurs in each designated country during national phase
• Filing under PCT bypasses national patent laws and grants a uniform international patent
• PCT applications are valid only for plant variety protection

Correct Answer: The PCT filing centralizes search and preliminary examination but the grant of national patents occurs in each designated country during national phase

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