UPSC Prelims 2019 Q57: Science & Technology – Science & Technology Institutions
- (a) 1 and 3 only
- (b) 2 and 3 only
- (c) 3 only
- (d) 1, 2 and 3
Answer: (c) 3 only
Explanation
Indian Patents Act, IPAB and Plant Varieties
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | Biological process to create seed can be patented | FALSE | Section 3(j) of Patents Act 1970 EXCLUDES plants and animals in whole or any part thereof, seeds, varieties and species and essentially biological processes from patentability. |
| 2 | India has no Intellectual Property Appellate Board (IPAB) | FALSE (in 2019) | IPAB was in existence in 2019 (set up 2003 under Trademarks Act; also handled Patents Act appeals). IPAB was abolished only in 2021 via Tribunal Reforms Ordinance. |
| 3 | Plant varieties are NOT patentable in India | TRUE | Under Section 3(j) of Patents Act, plant varieties are excluded. Instead, they are protected under the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act 2001. |
Only statement 3 is correct. Answer: (c) 3 only.
Answer: (c) 3 only.
Why each option is right or wrong
- (a) Incorrect. Statement 1 (biological process patentable) is wrong.
- (b) Incorrect. Statement 2 (no IPAB) was wrong in 2019.
- (c) CORRECT. Only statement 3 is right - plant varieties are excluded from patenting under Section 3(j) of the Patents Act and are protected under the PPV&FR Act 2001 instead.
- (d) Incorrect. Statements 1 and 2 are wrong.
Key point
Section 3(j) Patents Act: plants, animals, seeds, plant varieties = NOT patentable. Plant varieties protected under PPV&FR Act 2001 (sui generis). IPAB existed in 2019 (abolished 2021).
Remember
Only statement 3 is correct. Plant varieties are NOT eligible to be patented in India - they are excluded under Section 3(j) of the Patents Act and are instead protected under the Protection of Plant Varieties and Farmers' Rights Act 2001. Biological processes for seeds are excluded from patenting, and IPAB was in existence in 2019 (abolished only in 2021).
Common mistakes
- Confusing patent protection (Patents Act) with sui generis plant variety protection (PPV&FR Act).
- Assuming India follows US-style patenting of plants - India uses a separate PPV&FR framework.
- Not tracking IPAB timeline: created 2003, abolished 2021 - so it existed in 2019.
Exam tip
IPR ecosystem in India: Patents (Patents Act 1970). Trademarks (Trademarks Act 1999). Copyright (Copyright Act 1957). Designs (Designs Act 2000). Geographical Indications (GI Act 1999). Plant Varieties (PPV&FR Act 2001). Semiconductor layout (SICLD Act 2000).
Sources
- Patents Act, 1970 - Section 3(j)
- Protection of Plant Varieties and Farmers' Rights Act, 2001