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UPSC Prelims 2019 Paper-1 📅 02 Jun, 2019

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?

A
1 and 3 only
B
2 and 3 only
C
3 only
D
1, 2 and 3
Result Summary
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UPSC Prelims
2019 • 02 Jun, 2019 • Paper-1
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
3 only
Statement 1 Analysis: Incorrect. Section 3(j) of the Indian Patents Act, 1970 explicitly prohibits the patenting of plants and animals in whole or any part ther......
Ref/Book : UPSC Prelims 2019
Ref. Subject Economy
Chapter -
Ref. Topic Intellectual Property
Pg. No -
💡 Analysis & Explanation
Statement 1 Analysis ▼
Incorrect. Section 3(j) of the Indian Patents Act, 1970 explicitly prohibits the patenting of plants and animals in whole or any part thereof, including seeds, varieties, and specifically essentially biological processes for production or propagation of plants.
Statement 2 Analysis ▼
Incorrect. At the time of this exam (2019), India possessed an active Intellectual Property Appellate Board (IPAB), which was originally constituted in 2003 to hear appeals against decisions of the Registrar under the Trademarks and Patents Act. (Note: IPAB was later abolished in 2021, but historically for this PYQ, the statement is false).
Statement 3 Analysis ▼
Correct. Plant varieties cannot be patented under the Indian Patents Act. Instead, they are protected through a separate, specialized legal framework known as the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001.
Conclusion ▼
Only statement 3 is factually correct, making option C the right choice.
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