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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

Vayu Atomics Pvt Ltd, a Pune firm, files a patent application for an invention relating to atomic energy that falls within sub-section (1) of section 20 of the Atomic Energy Act, 1962. What is the position under the Patents Act, 1970?

No patent can be granted. Section 4 of the Patents Act, 1970 flatly bars patents for inventions relating to atomic energy that fall within section 20(1) of the Atomic Energy Act, 1962. There is no exception for consent, process claims or shorter terms.

  1. AA patent can be granted only if the Central Government gives consent
  2. BNo patent shall be granted for such an inventionCorrect
  3. CA patent can be granted for the process but not the product
  4. DA patent can be granted for a limited term of five years

Explanation

Section 4 states that no patent shall be granted for an invention relating to atomic energy falling within section 20(1) of the Atomic Energy Act, 1962. The bar is absolute and has no consent or partial-term exception, so the options suggesting consent, process-only grant or a short term are wrong.

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