The question (15 marks)
Explain the provisions of the Patents Act 1970 on pre-grant and post-grant opposition. How do these fit with surrender and revocation of patents? (15 marks)
Syllabus heads 2.6 and 2.9; opposition, surrender and revocation of patents.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Law of Patents of Intellectual Property Laws.
Authorities you will need
- Patents Act 1970, ss. 25(1), 25(2), 63, 64 and 107
- Novartis AG v. Union of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.