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Under TRIPS, Rohan Seeds Pvt Ltd asks the minimum term of protection that a WTO member must provide for a patent. What is it?

TRIPS requires a minimum patent term of twenty years counted from the filing date of the application. It is not counted from grant. A shorter term such as fourteen years would fall below the TRIPS minimum standard that WTO members must give.

  1. A20 years counted from the filing dateCorrect
  2. B20 years counted from the grant date
  3. C14 years from the filing date
  4. D25 years from the priority date

Explanation

TRIPS sets the minimum patent term at 20 years counted from the filing date. Counting from grant would extend the term beyond what TRIPS requires and is therefore wrong; 14 years was the old Indian term for certain patents and is below the TRIPS minimum.

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