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?
Show answer
Answer: C. Statement 1 is wrong: Section 3(j) of the Patents Act, 1970 excludes plants, seeds and essentially biological processes for producing them. Statement 2 is wrong: the Intellectual Property Appellate Board existed in 2019 (it was set up in 2003 and abolished only in 2021). Statement 3 is correct: plant varieties cannot be patented; they are protected under a separate 2001 Act. So 3 only.
Watch for: Students know plant varieties have special protection and wrongly assume seed processes are patentable.
Why the other options are wrong
- A. Wrong because biological processes to create seeds cannot be patented.
- B. Wrong because India had an Intellectual Property Appellate Board in 2019.
- D. Wrong because statements 1 and 2 are false.
Source to check: Patents Act, 1970, Section 3(j); Protection of Plant Varieties and Farmers' Rights Act, 2001; Trade Marks Act, 1999 (IPAB)
Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.