Q. Consider the following statements:- According to the Indian Patents Act, a biological process to create a seed can be patented in India.
- In India, there is no Intellectual Property Appellate Board.
- Plant varieties are not eligible to be patented in India.
Which of the statements given above is/are correct? (UPSC Prelims 2019)
Answer:
3 only
Notes: The correct answer is
[C] 3 only. The Indian patent regime maintains strict exclusions regarding agricultural and biological inventions to protect food security and farmers' rights.
- Statement 1 (Incorrect): Under Section 3(j) of the Indian Patents Act, 1970, plants and animals in whole or any part thereof other than microorganisms, but including seeds, varieties, and species and essentially biological processes for production or propagation of plants and animals, are not inventions and hence cannot be patented.
- Statement 2 (Incorrect): This statement is technically incorrect in the context of the historical and current legal framework. The Intellectual Property Appellate Board (IPAB) was established in 2003. While the Government of India abolished the IPAB in 2021 via the Tribunals Reforms Act (transferring its functions to High Courts), the statement "there is no IPAB" is often analyzed based on the timing of the exam. However, in the context of the original UPSC question, the IPAB existed. Even today, the "lack of a board" does not validate the statement as a permanent feature of the law but rather a structural shift to the Commercial Divisions of High Courts.
- Statement 3 (Correct): In India, plant varieties cannot be patented under the Patents Act, 1970. Instead, they are protected under a separate sui generis system: The Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001. This ensures that while breeders get protection, farmers retain the right to save, use, sow, resow, exchange, share, or sell their farm produce, including seeds of a protected variety.
The Monsanto vs. Nuziveedu Seeds case is a famous example where the judiciary examined the interplay between Section 3(j) of the Patents Act and the PPV&FR Act regarding Bt Cotton seeds.