Statement 1 is incorrect. According to Section 3(j) of the Indian Patents Act, 1970, "plants and animals in whole or any part thereof other than micro- organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals" are not patentable inventions. A biological process to create a seed for propagation falls under this exclusion.Statement 2 is correct. The Intellectual Property Appellate Board (IPAB) was abolished by the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021. Its functions have been transferred to the High Courts.Statement 3 is correct. As mentioned in the explanation for Statement 1, plant varieties are explicitly excluded from patentability under the Indian Patents Act, 1970 (Section 3(j)). Protection for plant varieties is provided under a separate legislation, the Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPV&FR Act).
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?
Asked in UPSC IAS 2019 · Topic: The Parliamentary Act (Legislative Procedures (Ordinary, Money, Financial, Constitutional Amendment Bills))
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