GyanGramConsider the following statements : 1. According to the Indian Patents Act, a biological process to create a…
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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?
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• Correct Answer: C
• Section 3(j) of the Patents Act, 1970 excludes plant varieties from patentability; PPV&FR Act, 2001 protects them sui generis.
• Statements 1 and 2 are incorrect: biological seed processes are non-patentable and IPAB existed until its 2021 abolition.
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