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Section 53 Patents Act 1970 prescribes the TERM of every patent granted:
Answer & Solution
Correct answer: B.
1. Section 53(1) Patents Act 1970: 'The term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the date of filing of the application for the patent.'
2. The 20-year term implements TRIPS Article 33 minimum.
3. For applications filed before the 2002 amendment, the term remained 14 years (5 or 7 years for food, drugs, medicines).
4. Annual renewal fees are payable for the patent to remain in force.
5. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 53 (as substituted by 2002 Amendment)_
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