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?
- A1 and 3 only
- B2 and 3 only
- C3 onlyCorrect
- D1, 2 and 3
Explanation
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According to the Indian Patents Act, a biological process to create a seed can be patented in India: Incorrect. Section 3(j) of the Indian Patents Act, 1970 explicitly excludes plants and animals (other than micro-organisms), and essentially biological processes for the production of plants and animals, from patentability.
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There is no Intellectual Property Appellate Board in India: Incorrect. The Intellectual Property Appellate Board (IPAB) was established in 2003 and was functional in 2019 when this question was asked. (It was later abolished in 2021.)
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Plant varieties are not patentable in India: Correct. Plant varieties are not patentable under the Indian Patents Act. Instead, they are protected under the Protection of Plant Varieties and Farmers' Rights Act, 2001.
Therefore, only statement 3 is correct.

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