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, as amended, specifically excludes plant varieties and seeds from patentability. However, processes for creating seeds might be patentable. The Intellectual Property Appellate Board (IPAB) was indeed established to hear appeals related to intellectual property rights, including patents, although its future existence and scope have undergone changes. Statement 3 accurately reflects the general exclusion of plant varieties from patentability under Indian patent law.

Source: UPSC gs1 2019

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