Patents and Intellectual Property in India

Statement 1 is correct—under Section 3(j) of the Indian Patents Act, 1970, inventions relating to plants or animals or biological processes for producing plants or animals are not patentable; however, biological processes for creating seeds through selective breeding are not absolute processes but methods, and processes can sometimes be patented. More specifically, the Act allows patents for biological processes but excludes products that are merely plants or animals themselves. Statement 2 is incorrect—India does have an Intellectual Property Appellate Board (IPAB) which was established to handle appeals from patent decisions and other IP-related matters. Statement 3 is correct—plant varieties themselves are not eligible for patent protection under the Patents Act; instead, they are protected under the Protection of Plant Varieties and Farmers' Rights Act, 2001. Statements 1 and 3 are correct. > Plant varieties protected under separate Act, not Patents Act; biological processes may be patentable if they involve technical innovation; IPAB handles IP appeals. Answer: a.