UPSC CSE Prelims
Question 12
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?
View correct answer and explanation
Correct answer: C
Correct Option: C
Explanation:
Section 3(j) of India’s Patents Act excludes plants and seeds and essentially biological propagation processes. In 2019 an Intellectual Property Appellate Board (IPAB) existed; consequently only statement 3 is correct.
Statement / Pair Analysis:
1 (Incorrect): Essentially biological processes for producing plants and seeds are excluded from patentability.
2 (Incorrect): The IPAB existed in 2019; it was abolished later in 2021.
3 (Correct): Plant varieties cannot be patented under the Patents Act; protection exists under separate plant-variety legislation.
Option-wise Analysis:
A (Incorrect): It includes false item 1 (Essentially biological processes for producing plants and seeds are excluded from patentability).
B (Incorrect): It includes false item 2 (The IPAB existed in 2019; it was abolished later in 2021).
C (Correct): Includes all and only the true statements/pairs.
D (Incorrect): It includes false item 1 (Essentially biological processes for producing plants and seeds are excluded from patentability); includes false item 2 (The IPAB existed in 2019; it was abolished later in 2021).
Review Note:
Date-sensitive: IPAB existed at the time of the 2019 exam and was abolished by 2021 reforms.