Introduction to Intellectual Property Rights – patents, trademarks, copyright, industrial designs MCQs With Answer

Introduction

This quiz collection on “Introduction to Intellectual Property Rights – patents, trademarks, copyright, industrial designs” is designed specifically for M.Pharm students studying Regulations and Legislation for Drugs & Cosmetics, Medical Devices, Biologicals & Herbals, and Food & Nutraceuticals in India. It focuses on core legal principles, Indian statutes, and practical implications of IPR in pharmaceutical research, development, manufacturing and marketing. Questions cover patentability criteria, patent terms and exclusions (including Section 3(d)), compulsory licensing, trademark classes relevant to pharmaceuticals, copyright for labels and literature, industrial design protection, and international filing routes like the PCT. Use these MCQs to test your understanding and prepare for exams and regulatory compliance scenarios.

Q1. Which statute primarily governs patents in India?

• Patents Act, 1970
• Indian Patent Rules, 2005
• Trade Marks Act, 1999
• Intellectual Property Code, 2010

Correct Answer: Patents Act, 1970

Q2. What is the standard term of patent protection in India for a granted patent?

• 20 years from the date of filing
• 10 years from the date of grant
• 14 years from the date of publication
• 7 years from the priority date

Correct Answer: 20 years from the date of filing

Q3. Which provision of Indian patent law was introduced to restrict “evergreening” of pharmaceutical patents by denying patents to trivial modifications?

• Section 3(d) of the Patents Act, 1970
• Section 47 of the Patents Act, 1970
• Rule 24C of the Patent Rules
• Section 2(1)(j) of the Patents Act

Correct Answer: Section 3(d) of the Patents Act, 1970

Q4. Under the Indian Patents Act, when can a third party apply for a compulsory license on a patented pharmaceutical?

• Anytime after grant of the patent
• After 3 years from grant of the patent
• Only before grant of the patent
• After 10 years from grant of the patent

Correct Answer: After 3 years from grant of the patent

Q5. The “Bolar exemption” in patent law permits which of the following activities?

• Conducting regulatory tests and preparations for marketing approval before patent expiry
• Manufacturing and commercial sale of generic drugs before expiry without approval
• Exporting patented product without license to any country
• Assigning patent rights without notifying the patent office

Correct Answer: Conducting regulatory tests and preparations for marketing approval before patent expiry

Q6. What does PCT stand for in international patent filing?

• Patent Cooperation Treaty
• Patent Consolidation Treaty
• Provisional Claim Treaty
• Priority Conversion Treaty

Correct Answer: Patent Cooperation Treaty

Q7. In the PCT route, within how many months must an applicant enter the national phase in India from the priority date?

• 12 months
• 18 months
• 30 months
• 31 months

Correct Answer: 31 months

Q8. What is the initial validity period of a registered trademark in India?

• 10 years from date of registration, renewable indefinitely for successive 10-year periods
• 5 years from date of registration, non-renewable
• 15 years from date of filing, renewable once
• 20 years from date of grant, non-renewable

Correct Answer: 10 years from date of registration, renewable indefinitely for successive 10-year periods

Q9. Under the Nice Classification, pharmaceutical preparations are generally classified in which class for trademarks?

• Class 5
• Class 3
• Class 10
• Class 30

Correct Answer: Class 5

Q10. What is the duration of copyright protection for an author’s literary or artistic works in India?

• Life of the author plus 60 years
• Life of the author plus 25 years
• 70 years from the date of first publication
• 50 years from the date of creation

Correct Answer: Life of the author plus 60 years

Q11. What is the maximum statutory term for registered industrial designs in India under the Designs Act?

• 15 years (initial 10 years plus a 5-year extension)
• 10 years only, non-extendable
• 25 years with renewal every 5 years
• 20 years from date of filing

Correct Answer: 15 years (initial 10 years plus a 5-year extension)

Q12. When can a pre-grant opposition to a patent application be filed in India?

• After publication of the application and before grant of the patent
• Only after grant of the patent
• Only before filing the application
• Only during the national phase of a PCT application

Correct Answer: After publication of the application and before grant of the patent

Q13. Which of the following is NOT a standard requirement for patentability?

• Novelty
• Inventive step (non-obviousness)
• Industrial applicability (usefulness)
• A mere discovery of a new form of a known natural substance without enhanced efficacy

Correct Answer: A mere discovery of a new form of a known natural substance without enhanced efficacy

Q14. Which form of IPR primarily protects a company’s brand name, logo and trade dress?

• Trademark
• Patent
• Copyright
• Industrial design

Correct Answer: Trademark

Q15. In pharmaceutical IPR discussions, “evergreening” best describes which practice?

• Filing successive patents on minor modifications to extend monopoly beyond original patent term
• Deliberate reduction of drug prices after patent expiry
• Licensing patents freely to generic manufacturers
• Exporting patented drugs under compulsory license

Correct Answer: Filing successive patents on minor modifications to extend monopoly beyond original patent term

Q16. Which authority is responsible for granting patents, trademarks and designs in India?

• Controller General of Patents, Designs & Trade Marks (CGPDTM)
• Intellectual Property Tribunal (IPT)
• Ministry of Commerce Patent Division
• Central Drug Standard Control Organization (CDSCO)

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

Q17. Typical civil remedies available to a patent holder for infringement in India include:

• Injunctions, damages and account of profits
• Automatic revocation of the defendant’s patents
• Imprisonment of the infringer without damages
• Compulsory licensing in favor of the patent holder

Correct Answer: Injunctions, damages and account of profits

Q18. Which of the following types of works can be protected by copyright relevant to pharmaceutical products?

• Artistic works such as label artwork, packaging designs and informational leaflets
• Names of drugs (brand names)
• Chemical formulas and methods of manufacture
• Unregistered industrial designs

Correct Answer: Artistic works such as label artwork, packaging designs and informational leaflets

Q19. Industrial design registration in India primarily protects which aspect of a product?

• The visual appearance and aesthetic features, not the technical or functional aspects
• The chemical composition and therapeutic use
• The brand name and trade mark associated with the product
• The manufacturing process and method of use

Correct Answer: The visual appearance and aesthetic features, not the technical or functional aspects

Q20. Within what period must an applicant file a request for examination of a patent application in India?

• Within 48 months from the priority date or the date of filing where no priority is claimed
• Within 12 months from the date of filing
• Within 6 months from publication of application
• Within 10 years from the date of filing

Correct Answer: Within 48 months from the priority date or the date of filing where no priority is claimed

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