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Questions and Answers
What is the general duration of a patent from the date of filing the application?
What is the general duration of a patent from the date of filing the application?
What criteria must an invention generally meet to be eligible for a patent?
What criteria must an invention generally meet to be eligible for a patent?
What is the minimum period for which industrial design rights can be conferred?
What is the minimum period for which industrial design rights can be conferred?
What happens if the promise is to be performed without application by the promisee and no time is specified?
What happens if the promise is to be performed without application by the promisee and no time is specified?
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If a promise is made to deliver goods on a specified day during business hours, what is required for proper performance?
If a promise is made to deliver goods on a specified day during business hours, what is required for proper performance?
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Which factor does NOT contribute to the assignment of industrial design rights?
Which factor does NOT contribute to the assignment of industrial design rights?
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When a promise is to be performed on a certain day requiring an application by the promisee, what must the promisee do?
When a promise is to be performed on a certain day requiring an application by the promisee, what must the promisee do?
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What is a trade secret?
What is a trade secret?
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What does a geographical indication signify?
What does a geographical indication signify?
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In the absence of a fixed place for performance, who is responsible for proposing a location?
In the absence of a fixed place for performance, who is responsible for proposing a location?
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How long does the holder of an industrial design right have exclusive rights?
How long does the holder of an industrial design right have exclusive rights?
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What is the outcome if a promisor delivers goods after business hours on a specified day?
What is the outcome if a promisor delivers goods after business hours on a specified day?
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Which of the following is true regarding the time for performance when no application is required?
Which of the following is true regarding the time for performance when no application is required?
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What is required for obtaining industrial design rights?
What is required for obtaining industrial design rights?
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What is required for a promise that states it is to be performed on a fixed day without application?
What is required for a promise that states it is to be performed on a fixed day without application?
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What is the consequence of a bilateral mistake regarding the existence of the subject matter in a contract?
What is the consequence of a bilateral mistake regarding the existence of the subject matter in a contract?
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If a promise involves making an application for performance on a certain day, what is the role of the promisor?
If a promise involves making an application for performance on a certain day, what is the role of the promisor?
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Which type of bilateral mistake renders a contract void due to differing perceptions of the subject?
Which type of bilateral mistake renders a contract void due to differing perceptions of the subject?
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What happens when there is a mutual mistake regarding the quality of the subject matter?
What happens when there is a mutual mistake regarding the quality of the subject matter?
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Under which condition would a unilateral mistake allow a party to void a contract?
Under which condition would a unilateral mistake allow a party to void a contract?
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What makes the object of an agreement unlawful under Section 23 of the Indian Contract Act, 1872?
What makes the object of an agreement unlawful under Section 23 of the Indian Contract Act, 1872?
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Which of the following best describes a legal impossibility in the context of contract performance?
Which of the following best describes a legal impossibility in the context of contract performance?
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What is the effect of a mutual mistake regarding the price of the subject matter in a contract?
What is the effect of a mutual mistake regarding the price of the subject matter in a contract?
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Which type of mistake would not allow a party to void a contract based solely on their misunderstanding?
Which type of mistake would not allow a party to void a contract based solely on their misunderstanding?
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What is the duration of a patent in WTO member countries?
What is the duration of a patent in WTO member countries?
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What rights does a patent grant to its holder?
What rights does a patent grant to its holder?
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What happens if the prescribed maintenance fee for a patent is not paid?
What happens if the prescribed maintenance fee for a patent is not paid?
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Which of the following is NOT included in the definition of 'invention' as per the Patents Act, 1970?
Which of the following is NOT included in the definition of 'invention' as per the Patents Act, 1970?
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Which of the following is NOT a condition of patentability?
Which of the following is NOT a condition of patentability?
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Which criteria must an invention meet to qualify for a patent in India?
Which criteria must an invention meet to qualify for a patent in India?
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What is meant by 'prior art' in the context of patent novelty?
What is meant by 'prior art' in the context of patent novelty?
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What happens if an invention has been disclosed to the public prior to the patent application filing date?
What happens if an invention has been disclosed to the public prior to the patent application filing date?
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What is the consequence of losing the novelty of an invention?
What is the consequence of losing the novelty of an invention?
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Which of the following sources could constitute prior knowledge of an invention?
Which of the following sources could constitute prior knowledge of an invention?
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What is the legal basis for the term of every patent granted in India after 2002?
What is the legal basis for the term of every patent granted in India after 2002?
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What is the main purpose of a patent?
What is the main purpose of a patent?
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Which of the following best defines 'industrial applicability' in the context of patents?
Which of the following best defines 'industrial applicability' in the context of patents?
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Which of the following statements is true regarding the invention process?
Which of the following statements is true regarding the invention process?
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What is the requirement for an invention to be considered non-obvious?
What is the requirement for an invention to be considered non-obvious?
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What constitutes a manufacturing substance in the context of patenting?
What constitutes a manufacturing substance in the context of patenting?
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Study Notes
Types of Mistakes in Contracts
- Bilateral Mistakes can lead to contracts being void due to misunderstandings between parties.
- Existence: If both parties are mistaken about the existence of the subject matter, the agreement is void.
- Identity: A mutual misidentification of the subject matter renders the contract void.
- Quality: When the subject matter is fundamentally different from what was believed, the agreement is void.
- Quantity: Incorrect understanding of the quantity of subject matter results in a void contract.
- Title: Bilateral mistakes regarding the title of the subject matter lead to the agreement being void.
- Price: A mutual error about the price makes the agreement void.
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Possibility of Performance:
- Physical Impossibility: Contracts are void if they are not feasible due to physical constraints (time, distance).
- Legal Impossibility: Contracts are void if they require actions that are legally prohibited.
Unilateral Mistake
- Contracts are not voidable solely because one party harbors a mistake regarding a fact.
- A unilateral mistake may only be a valid defense if caused by another party’s fraud or misrepresentation.
Legality of Object (Section 23)
- An agreement's object or consideration is unlawful if:
- Forbidden by law.
- Designed to defeat legal provisions.
- Fraudulent or injurious to another’s person or property.
- Considered immoral or against public policy.
Time and Place for Performance of Promise
- Section 46: If no application is needed and no time specified, performance must occur within a reasonable time, as determined by the court in case of disputes.
- Section 47: If a fixed date is specified, performance should occur during business hours on that date at the specified location.
- Section 48: If attendance is necessary for performance, the promisee must apply at a proper time and place.
- Section 49: If no application and no fixed location exist, the promisor must propose a reasonable place for performance.
Patent Rights and Protections
- Invention Definition: Includes any new and useful process, machine, or article, adhering to novelty and industrial applicability.
- Patent Duration: Generally lasts 20 years from the application date.
- Industrial Design Rights: Protects the visual design of objects, with rights assigned for 10 to 25 years, requiring registration.
- Trade Secrets: Rights over confidential business information providing a competitive edge.
- Geographical Indications: Signs indicating a product's origin with attributes tied to that location.
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Patentability Conditions:
- Must be novel and not disclosed in prior art.
- Should involve an inventive step that is not obvious.
- Must have industrial applicability or practical utility.
- Maintenance of Patents: Requires the payment of annual fees to prevent lapse, after which a fresh application is not possible due to loss of novelty.
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Description
Explore the various types of bilateral mistakes in contract law, where both parties possess misconceptions about the subject matter. This quiz will cover the implications of mistakes regarding the existence and identity of the subject matter, leading to void agreements.