UPSC Prelims 2019 · GS Paper I
Question 57: Polity and Governance
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?
AnswerUPSC’s answer is (c).
Only statement 3 is correct. Section 3(j) of the Patents Act, 1970 bars patents on plants and animals in whole or in part, including seeds, varieties and species, and on essentially biological processes for producing plants or animals. So a biological process to create a seed cannot be patented, and plant varieties are protected under the Protection of Plant Varieties and Farmers' Rights Act, 2001 instead. In 2019 the Intellectual Property Appellate Board existed, so statement 2 was false then.
- 1. Essentially biological processes and seeds are excluded from patents.
- 2. The Appellate Board existed in 2019.
- 3. Plant varieties are not patentable under Section 3(j).
How you could have got this
- If you were sure statement 1 is not correct, (a) and (d) go: each of them includes 1.
What you needed to know: Essentially biological processes and seeds are excluded from patents.
- Then, if you were sure statement 2 is not correct, (b) goes: it includes 2.
What you needed to know: The Appellate Board existed in 2019.
Only (c) is left. You didn’t need statement 3.
Which options go is worked out from UPSC’s key and the options, not by a model.
Why each option is right or wrong
- (a) Wrong: a biological process for a seed cannot be patented.
- (b) Wrong: the Intellectual Property Appellate Board existed at the time.
- (c) Correct: plant varieties cannot be patented in India.
- (d) Wrong: statements 1 and 2 are false.
Worth knowing: The Intellectual Property Appellate Board was abolished in 2021, so statement 2 would be true today; UPSC's answer reflects the position in 2019.
Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2019, General Studies Paper I, Series A. The paper on upsc.gov.in.