gs1hard

Consider the following statements:

  1. 1.According to the Indian Patent Act, a biological process to create a seed can be patented in India.
  2. 2.In India, there is no Intellectual Property Appellate Board.
  3. 3.Plant varieties are not eligible to be patented in India.

Which of the statements given above is/are correct?

  1. A.1 and 3 only
  2. B.2 and 3 only
  3. C.3 only
  4. D.1, 2 and 3
▶ Answer & Explanation

Correct answer: C. 3 only

The Indian Patent Act, 1970, specifically excludes methods of agriculture or horticulture and plants and animals other than micro-organisms from patentability. However, it allows for the patenting of biological processes for the production or modification of products. Statement 1 is incorrect as a biological process to create a seed is generally not patentable under Section 3(j) of the Patents Act, which excludes plant and animal varieties. Statement 2 is incorrect as the Intellectual Property Appellate Board (IPAB) was established to hear appeals related to patent, trademark, and other IP matters, though its existence and powers have undergone legislative changes. Statement 3 is correct because plant varieties themselves, as distinct from processes, are not patentable under Indian law, with protection offered through the Protection of Plant Varieties and Farmers' Rights Act, 2001.

Source: UPSC gs1 2019

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