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?
A
1 and 3 only
B
2 and 3 only
C
3 only
Correct answer
D
1, 2 and 3
Explanation
Statement 3 is correct because Section 3(j) of the Patents Act, 1970, excludes plants, seeds, and biological processes from patentability, protecting plant varieties instead under the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001. Statement 1 is the most tempting error, but it is incorrect because the Patents Act specifically prohibits patenting any biological process for the production or propagation of plants and animals. The core concept tested is the specific exclusions to patentable subject matter under Indian Intellectual Property Rights (IPR) laws.
Intellectual Property RightsPatent Law in India (Biological Processes, Plant Varieties)Indian Patents Actbiological processseedpatentedIntellectual Property Appellate Board (IPAB)Plant varieties