Technology : Biotechnology And Intellectual Property Rights (IPR)
Statement 3 is correct. Under Section 3(j) of the Indian Patents Act, 1970, plants, seeds, and plant varieties are explicitly excluded from patentability. Protection for new plant varieties is instead provided under a separate legislation, the Protection of Plant Varieties and Farmers’ Rights Act (PPV&FR), 2001.
Statement 1 is incorrect. The Indian Patents Act, 1970, generally excludes biological processes for the production of plants and seeds from patentability. Only certain microbiological or non-biological processes may be considered for patent protection under specific technical conditions.
Statement 2 is incorrect. The Intellectual Property Appellate Board (IPAB) was established in 2003 and was functional at the time the question was asked (2019). Therefore, the statement that there is no Intellectual Property Appellate Board was factually incorrect in 2019. The IPAB was subsequently abolished in 2021, and its functions were transferred to various High Courts.