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 ✓ UPSC's answer
- (d) 1, 2 and 3
Why the answer is (c)
• Statement 3 is correct: Section 3(j) of the Patents Act, 1970 excludes plants, animals, seeds and varieties from patentability; plant varieties are protected instead under the Protection of Plant Varieties and Farmers' Rights Act, 2001.
• Statement 1 is wrong: the same Section 3(j) bars patents on 'essentially biological processes' for producing plants or animals.
• Statement 2 is wrong: the Intellectual Property Appellate Board existed in 2019 (set up 2003); it was abolished only in 2021, with appeals moving to High Courts.
• Hence 3 only, option (c).
Why the other options are wrong
- (a) 1 and 3 only
- Statement 1 is wrong: biological processes are not patentable.
- (b) 2 and 3 only
- Statement 2 is wrong: IPAB existed at the time.
- (d) 1, 2 and 3
- Statements 1 and 2 are wrong.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2019, held on 2 June 2019. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.