UPSC Prelims 2019 question on Patents Act Biological Processes

Statement by statement

Statement 1 – INCORRECT: As per the Patents Act, 1970, 'plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals' are inventions not patentable. Hence a biological process to create a seed cannot be patented in India.

Statement 2 – INCORRECT: The Intellectual Property Appellate Board, a quasi-judicial body, was constituted in September 1958. The Board is entrusted with the task of adjudication of disputes pertaining to copyright registration, assignment of copyright, grant of Licenses in respect of works withheld from public, unpublished Indian works, production and publication of translations and works for certain specified purposes. It also hears cases in other miscellaneous matters under the Copyright Act, 1957.

Statement 3 – CORRECT: Plant varieties are not eligible for patents in India. They are covered under the Protection of Plant Varieties and Farmers' Rights Act, 2001.