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Prelims 2019 · Q57 · Laws & acts

Consider the following statements :

  1. 1.According to the Indian Patents Act, a biological process to create a seed can be patented in India.
  2. 2.In India, there is no Intellectual Property Appellate Board.
  3. 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.