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 and 3 only
2 and 3 only
3 only
1, 2 and 3
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC IAS – 2019
Statement 2 is correct. The Intellectual Property Appellate Board (IPAB) was abolished by the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021. Its functions have been transferred to the High Courts.
Statement 3 is correct. As mentioned in the explanation for Statement 1, plant varieties are explicitly excluded from patentability under the Indian Patents Act, 1970 (Section 3(j)). Protection for plant varieties is provided under a separate legislation, the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV&FR Act).