Consider the following statements:
- According to the Indian Patents Act, a biological process to create a seed can be patented in India.
- In India, there is no Intellectual Property Appellate Board.
- Plant varieties are not eligible to be patented in India.
Which of the statements given above is/are correct?
- 1 and 3 only
- 2 and 3 only
- 3 only
- 1, 2 and 3
Explanation
Statement 1 is incorrect
- According to the Indian Patents Act, a biological process to create a seed cannot be patented.
- In India, a new product or process involving an inventive step and capable of industrial application is an invention under section 2(j) of the Patents Act, 1970 as amended in 2005. However, there are certain limitations imposed by Section 3 of the Indian Patents Act that define what is not an invention.
- Section 3 (j) of the Indian Patents Act as based on Article 27.3 (b) of the TRIPS agreement, is one such limiting provision that states as follows: “Plants and animals in whole or any parts thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production and propagation of plants and animals.”
Statement 2 is incorrect
- The Intellectual Property Appellate Board (IPAB) was set up in India in 2003. However, the Tribunals Reforms Act, 2021, abolished various Tribunals, including India’s Intellectual Property Appellate Board (IPAB).
Statement 3 is correct
- Indian IP laws, which are TRIPS compliant, make it clear that seeds and plants or parts thereof cannot be patented. This provision results from India’s choice to enact sui generis legislation that provides intellectual property protection for plant varieties, including transgenic varieties, under a separate and specialised law known as the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001.
Answer: (c) 3 only; Difficulty Level: Hard
- Plant varieties are not eligible to be patented in India.
Which of the statements given above is/are correct?
- 1 and 3 only
- 2 and 3 only
- 3 only
- 1, 2 and 3
Explanation
Statement 1 is incorrect
- According to the Indian Patents Act, a biological process to create a seed cannot be patented.
- In India, a new product or process involving an inventive step and capable of industrial application is an invention under section 2(j) of the Patents Act, 1970 as amended in 2005. However, there are certain limitations imposed by Section 3 of the Indian Patents Act that define what is not an invention.
- Section 3 (j) of the Indian Patents Act as based on Article 27.3 (b) of the TRIPS agreement, is one such limiting provision that states as follows: “Plants and animals in whole or any parts thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production and propagation of plants and animals.”
Statement 2 is incorrect
- The Intellectual Property Appellate Board (IPAB) was set up in India in 2003. However, the Tribunals Reforms Act, 2021, abolished various Tribunals, including India’s Intellectual Property Appellate Board (IPAB).
Statement 3 is correct
- Indian IP laws, which are TRIPS compliant, make it clear that seeds and plants or parts thereof cannot be patented. This provision results from India’s choice to enact sui generis legislation that provides intellectual property protection for plant varieties, including transgenic varieties, under a separate and specialised law known as the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001.
