Ipr Internal Answers

2a) Explain the Process of Registration of a Patent.
The process of patent registration involves several steps, ensuring that an invention is new, non-
obvious, and useful. The process typically includes:
1. Patent Search: Conducting a thorough patent search to ensure the invention has not
already been patented.
2. Drafting the Patent Application: Preparing a detailed description of the invention,

including claims that define the scope of the patent protection.
3. Filing the Application: Submitting the patent application to the relevant patent o ice,
such as the USPTO in the United States or the IPO in India.
4. Publication: After 18 months from the filing date, the patent application is published,
making it available to the public.
5. Examination: The patent o ice examines the application to ensure it meets all legal
requirements. This may involve responding to objections or rejections raised by the
patent examiner.
6. Grant of Patent: If the application passes the examination, the patent is granted, giving
the inventor exclusive rights to the invention for a specified period, usually 20 years from
the filing date.
7. Maintenance: After the patent is granted, maintenance fees must be paid periodically
to keep the patent in force.
(OR)
b) What is Revocation of Patent Right? Explain the Grounds and Process of Revocation.
Revocation of a patent refers to the cancellation of the granted patent rights before the
expiration of the patent term. This can occur for various reasons, including:
Grounds for Revocation:
1. Non-compliance with Patentability Criteria: If it is proven that the invention does not
meet the requirements of novelty, non-obviousness, or industrial applicability.
2. Misrepresentation or Fraud: If the patent was obtained by fraudulent means or by

misrepresentation of facts.
3. Non-disclosure of Information: If the patentee fails to disclose critical information

during the application process.
4. Public Interest: If the patent is harmful to public health or morality.
5. Lack of Payment of Maintenance Fees: If the patentee fails to pay the required
maintenance fees.
Process of Revocation:
1. Filing a Petition: A party interested in revoking a patent may file a petition with the
relevant authority or court.
2. Hearing: The patentee is given an opportunity to defend the validity of the patent in a
hearing.
3. Decision: The authority or court reviews the evidence and arguments before planning
on whether to revoke the patent.
3 a ) What Do You Mean by Licensing Intellectual Property? Discuss Di erent Types of It

and Licensing Strategies.
Licensing Intellectual Property (IP) involves granting permission to a third party to use the IP
under specific conditions, while the IP owner retains ownership.
Licensing allows the IP owner to monetize their assets and expand their reach without directly
commercializing the product or service.
Types of Licensing:
1. Exclusive License: The licensee is granted exclusive rights to use the IP, excluding even
the licensor from using it.
2. Non-Exclusive License: The licensee can use the IP, but the licensor can also grant
licenses to other parties.
3. Sole License: Like an exclusive license, but the licensor retains the right to use the IP
themselves.
4. Cross-License: Two parties grant each other rights to use their respective IPs, often in
related fields.
Licensing Strategies:
1. Market Penetration: Licensing to companies that have better market access or

distribution channels.
2. Risk Mitigation: Sharing the financial risks associated with bringing a product to market
by licensing to another entity.
3. Technology Transfer: Facilitating the spread of new technologies by licensing to

multiple entities.
4. Revenue Generation: Generating income through royalty payments from licensees.
(OR)
d) What Shall You Do When a Patent of Yours is Lapsed?
If a patent lapses, typically due to non-payment of maintenance fees, the patentee has the
following options:
1. Restoration: Apply for the restoration of the patent within a specified period (e.g., within
six months from the date of lapse) by paying the required fees and providing a valid
reason for the lapse.
2. Commercial Exploitation: If restoration is not possible, the patentee may choose to

continue exploiting the invention commercially but without the exclusivity provided by a
patent.
3. Public Domain: The invention may enter the public domain, allowing others to use the
invention freely without infringement.
e) Discuss Various Rights and Obligations of a Patentee.
Rights of a Patentee:
1. Exclusive Rights: The right to make, use, sell, or license the patented invention.
2. Right to Sue for Infringement: The patentee can take legal action against anyone who
infringes on the patent.
3. Right to Assign or License: The patentee can transfer the ownership of the patent or
grant licenses to third parties.
Obligations of a Patentee:
1. Payment of Maintenance Fees: The patentee must pay periodic fees to keep the patent
in force.
2. Disclosure of Best Mode: The patentee must disclose the best method of carrying out
the invention in the patent application.
3. Working of Patent: In some jurisdictions, the patentee is obligated to work the patent or
grant licenses to ensure that the invention is commercially utilized.
(OR)
f) Discuss the Steps of Domestic Patent Filing.
Domestic patent filing involves the following steps:
1. Patent Search: Conduct a search to ensure the invention is novel.
2. Drafting the Application: Prepare the patent application, including a detailed

description, claims, drawings, and abstract.
3. Filing the Application: Submit the application to the national patent o ice along with
the prescribed fees.
4. Publication: The application is published after 18 months, making the details available
to the public.
5. Examination: The patent o ice examines the application for compliance with legal
requirements. This may involve communication with the examiner and amendments to
the application.
6. Grant of Patent: If the application is found to be in order, the patent is granted, giving
the inventor exclusive rights.
7. Post-Grant Compliance: Pay the required maintenance fees and fulfill any other
obligations to keep the patent in force.

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2a) Explain the Process of Registration of a Patent.

2. Drafting the Patent Application: Preparing a detailed description of the invention,

Grounds for Revocation:

2. Misrepresentation or Fraud: If the patent was obtained by fraudulent means or by

3. Non-disclosure of Information: If the patentee fails to disclose critical information

4. Public Interest: If the patent is harmful to public health or morality.

3 a ) What Do You Mean by Licensing Intellectual Property? Discuss Di erent Types of It

1. Market Penetration: Licensing to companies that have better market access or

3. Technology Transfer: Facilitating the spread of new technologies by licensing to

4. Revenue Generation: Generating income through royalty payments from licensees.

2. Commercial Exploitation: If restoration is not possible, the patentee may choose to

e) Discuss Various Rights and Obligations of a Patentee.

f) Discuss the Steps of Domestic Patent Filing.

Domestic patent ﬁling involves the following steps:

1. Patent Search: Conduct a search to ensure the invention is novel.

2. Drafting the Application: Prepare the patent application, including a detailed

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