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?
✓ Correct answer: c) 3 only
ExplanationStatement 1 is incorrect: The Indian Patents Act, 1970 (as amended in 2005) explicitly excludes biological processes for the production or propagation of plants and animals from patentability.The Act states that “plants and animals in whole or any part thereof, including seeds, varieties, and species, and essentially biological processes for the production or propagation of plants and animals” are not patentable.Statement 2 is incorrect: India had an Intellectual Property Appellate Board (IPAB), which was established in 1958 to handle disputes related to patents, trademarks, and copyrights.However, IPAB was abolished in 2021 under the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. After its abolition, patent, trademark, and copyright appeals are now handled by the High Courts.Science and Technology 573Statement 3 is correct: Under the Indian Patents Act, 1970, plants and plant varieties cannot be patented.Instead, plant varieties are protected under the PPVFR Act, 2001, which grants breeders’ rights but not patents.169
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