Question
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
(d) 1, 2 and 3
Answer:
C
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Explanation:
1. Statement 1 is incorrect. According to the Indian Patents Act, a biological process to create a seed is not eligible for patenting in India. Section 3(j) of the Act explicitly excludes "plants and animals in whole or any part thereof other than microorganisms" from being patentable subject matter.
2. Statement 2 is incorrect. In India, there is an Intellectual Property Appellate Board (IPAB). The IPAB is an administrative tribunal that hears appeals against decisions of the Controller of Patents, Registrar of Trademarks, and the Geographical Indications Registry.
3. Statement 3 is correct. Plant varieties are not eligible for patent protection in India. Instead, they can be protected under the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001, which provides for the registration and protection of plant varieties and the rights of farmers.