UPSC CSE Prelims
Patents Previous Year Questions (PYQs)
Practice solved questions for Patents with detailed step-by-step solutions, key insights, and trend analysis for UPSC CSE PRELIMS.
Solved Previous Year Questions
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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?
Detailed Explanation:
Answer: Option 3 — 3 only
Only Statement 3 is correct. Plant varieties cannot be patented under the Indian Patents Act, though they receive protection under a separate sui generis system (PPVFR Act, 2001). Statement 1 is incorrect because biological processes for seed production are explicitly excluded from patenting under Section 3(j) of the Patents Act. Statement 2 is incorrect because the Intellectual Property Appellate Board (IPAB) existed in India at the time this question was asked in 2019 (it was later abolished in 2021).
❌ Statement 1 – Incorrect: Section 3(j) of the Indian Patents Act explicitly excludes biological processes for the propagation or production of plants (including seeds) from being patented.
❌ Statement 2 – Incorrect: The Intellectual Property Appellate Board (IPAB) was established in 2003 and was functional when this question was set in 2019; it was abolished only in 2021 through the Tribunals Reforms Act.
✅ Statement 3 – Correct: Plant varieties are not eligible for patents under the Patents Act; instead, they are protected under the Protection of Plant Varieties and Farmers' Rights Act, 2001.
📝 Short Notes: Intellectual Property Protection for Biological Innovations in India
| Aspect | Details |
|---|---|
| Indian Patents Act - Section 3(j) | Excludes plants, animals, and biological processes for their propagation or production from patentability. Seeds created through biological processes cannot be patented. |
| What CAN be Patented | Microorganisms, microbiological processes, and genetically modified organisms (if they meet novelty, inventive step, and industrial application criteria). |
| PPVFR Act, 2001 | Provides sui generis protection for new plant varieties. Grants Plant Breeders' Rights (PBR) for exclusive commercial use. Also protects farmers' rights to save, use, sow, exchange, and sell farm-saved seeds. |
| IPAB (2003-2021) | Intellectual Property Appellate Board heard appeals related to patents, trademarks, and GI registrations. Abolished in 2021; functions transferred to High Courts. |
| International Context | India is a member of TRIPS (Trade-Related Aspects of Intellectual Property Rights) and UPOV 1978 (International Union for the Protection of New Varieties of Plants), balancing IP protection with farmers' rights. |
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