Prelims 2019 · Science and Technology · Question 37
Consider the following statements:<br/>1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.<br/>2. In India, there is no Intellectual Property Appellate Board.<br/>3. Plant varieties are not eligible to be patented in India.<br/><br/>Which of the statements given above is/are correct?
Answer
3 only
Incorrect. Under Section 3(j) of the Patents Act, seeds, varieties/species, and essentially biological processes for production/propagation of plants are not patentable. So a biological process to create a seed is not patentable if it is essentially biological.
Incorrect. The question is from a period when IPAB did exist in India. Hence the statement "there is no Intellectual Property Appellate Board" was false in the exam context.
Correct. Plant varieties are not patentable in India; they are protected separately under the PPV&FR Act, 2001.
Therefore, only statement 3 is correct.