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

Zenith Pharma Ltd, Hyderabad, filed a patent application that the Controller found to be in order. It was not refused and not found to contravene the Act. What does the Act then require regarding the grant of the patent?

Once an application is found in order and is neither refused nor in contravention of the Act, the patent must be granted as expeditiously as possible, sealed by the patent office, and the date of grant must be entered in the register.

  1. AThe patent shall be granted as expeditiously as possible, with the seal of the patent office, and the date of grant entered in the registerCorrect
  2. BThe patent may be granted only after a further period of public opposition lasting twelve months
  3. CThe Central Government must first approve the grant by notification in the Official Gazette
  4. DThe patent is granted only after the applicant pays a restoration fee

Explanation

Where the application is in order and has neither been refused nor found in contravention of the Act, the patent shall be granted as expeditiously as possible with the seal of the patent office. The date of grant is entered in the register. No Central Government approval or restoration fee is involved, so the other options are wrong.

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