Question 49 from UPSC CSE 2019 - Science & Technology

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 for patenting in India.
Which of the statements given above is/are correct?

Accepted Answer

Correct Option: C. 3 only

Strategy: Focus on the type of inventions excluded under the Indian Patents Act—biological processes for creating seeds and plant varieties cannot be patented. Statement 1 contradicts this, so it is incorrect. Statement 2 is outdated; the Intellectual Property Appellate Board (IPAB) existed but was abolished in 2021. Statement 3 reflects the law correctly, as plant varieties are indeed not eligible for patents. So, only statement 3 is correct.

Key Info: The Indian Patents Act, 1970, specifically excludes from patentability the following: 'plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties, and species, and essentially biological processes for production or propagation of plants and animals' (Section 3(j)). Thus, plant varieties and essentially biological processes for producing them or seeds cannot be patented in India.

Instead, plant varieties are protected under a separate statute—the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001, which provides for registration and protection of plant varieties, not patenting.

The Intellectual Property Appellate Board (IPAB) was established in 2003 to hear appeals concerning patents, trademarks, and geographical indications. However, it was abolished via the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, and its functions are now performed by designated courts.

In summary, patents in India cannot be granted for plant varieties or essentially biological processes related to their production. The PPV&FR Act governs plant variety rights, and the appellate mechanism for IP disputes now rests with High Courts following the disbandment of the IPAB.

Answer

Option A: 1 and 3 only

Answer

Option B: 2 and 3 only

Answer

Option D: 1, 2, and 3