Q57 · UPSC Prelims 2019 · Set A · Science and Technology

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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 in the 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

Correct answer: (c) 3 only

Explanation

  1. A

    1 and 3 only

    (a) 1 and 3 only. Statement 1 is false: the Patents Act excludes essentially biological processes for production of plants and animals, and seeds. A code that patents a biological process to create a seed is not the key.

  2. B

    2 and 3 only

    (b) 2 and 3 only. Statement 2 is false: India had an Intellectual Property Appellate Board (later functions moved to High Courts). Dropping a real forum is not the key.

  3. C

    3 only

    (c) 3 only. Section 3(j) of the Patents Act, 1970 keeps plants, seeds, varieties and essentially biological processes out of patent. Plant varieties are protected, if at all, under the PPVFR Act, not as patents. Statements 1 and 2 fail. That is the official key.

  4. D

    1, 2 and 3

    (d) 1, 2 and 3. Two of the three statements are false, so this code is wrong.

Summary. Official key is (c). Only statement 3 is correct: plant varieties are not patentable in India. A biological process to make a seed is also excluded. IPAB existed at the time of the paper. Variety protection, if any, is under PPVFR, not the Patents Act. Honour (c).

Same topic · past papers

UPSC has asked this before

These previous-year questions sit on the same topic. Open one to practise the earlier ask.

  1. 2023 · Q79 · General Studies · 2 marks

    Consider the following statements : 1. In India, the Biodiversity Management committees are key to the realization of the objectives of Nagoya Protocol. 2. The Biodiversity Management committees have important functions in determining access and benefit sharing, including the power to levy collection fees on the access of biological resources within its jurisdiction. Which of the statements given above is/are correct?

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