UPSC Previous Year Question | Prelims GS | 2019

Consider the following statements: 1. According to the Indian Patents Act, a biological process to create a seed can be patented in India. 2. In India, there is no Intellectual Property Appellate Board. 3. Plant varieties are not eligible to be patented in India. Which of the statements given above is/are correct?

  1. 1 and 3 only
  2. 2 and 3 only
  3. 3 only
  4. 1, 2 and 3

Answer

Correct Answer

3 only

Explanation

Section 3(j) of the Indian Patents Act excludes plants, animals (other than microorganisms), seeds, varieties and essentially biological processes for producing or propagating them from patentability, so statement 1 is wrong and statement 3 is correct. The Intellectual Property Appellate Board (IPAB) existed at the time of this exam (it was later abolished in 2021), so statement 2 is wrong.

Topics: indian patents act - patentability and ipab, intellectual property rights, patents, polity and economy