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: Option C
Explanation
1. Statement 1 is incorrect. Section 3(j) of the Indian Patents Act, 1970 excludes plants, seeds, and essentially biological processes for the production of plants from patentability. Therefore, a biological process to create a seed cannot be patented in India under the Patents Act.
2. Statement 2 is incorrect. The Intellectual Property Appellate Board (IPAB) *did* exist in India at the time this question was asked (2019). It was established in 2003 and heard appeals related to patents, trademarks, etc. (Note: IPAB was abolished in 2021, but it existed in 2019).
3. Statement 3 is correct. As per Section 3(j) of the Indian Patents Act, plant varieties are specifically mentioned as not eligible for patents. Plant varieties in India receive protection under a sui generis system established by the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001.
4. Therefore, only statement 3 is correct.
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