Q. 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?

  • 1 and 3 only
  • 2 and 3 only
  • 3 only
  • 1, 2 and 3

Answer: (c) 3 only

Notes:
  • Article 3(J) of the Indian Patent Act, excludes from patentability “plants and animals in whole or in any part thereof other than microorganisms, including seeds, varieties, and species, and essentially biological processes for production or propagation of plants and animals”.
  • The Intellectual Property Appellate Board (IPAB) was constituted in 2003 by the Government of India to hear and resolve the appeals against the decisions of the registrar under the Indian Trademarks Act, 1999, and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
  • Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder’s Rights (PBRs).
  • In India, the Plant Variety Protection And Farmers Rights (PPVFR) Act, 2001 is a sui generis system that aims to provide for the establishment of an effective system for the protection of plant varieties and the rights of plant breeders and farmers.
  • There are no laws in India that allow for patenting plants.
Patents Act, 1970
  • This principal law for patenting system in India came into force in the year 1972. It replaced the Indian Patents and Designs Act 1911.
  • The Office of the Controller General of Patents, Designs and Trade Marks or CGPDTM is the body responsible for the Indian Patent Act.
  • The Patent Office has its headquarters in Calcutta and has branches in New Delhi, Chennai and Mumbai. The office of the CGPDTM is based in Mumbai. Nagpur hosts the office of the Patent Information System and also the National Institute for Intellectual Property Management.
  • The Controller General supervises the Act’s administration and also offers advice to the government on related matters.
  • The Patents Act has been repeatedly amended in 1999, 2002, 2005, 2006 respectively. These amendments were required to make the Patents Act TRIPS compliant. TRIPS stands for Trade-Related Aspects of Intellectual Property Rights.
  • The major amendment in the Patent Act was in 2005, when product patents were extended to all fields of technology like food, drugs, chemicals and microorganisms.
    • After the amendment, the provisions relating to Exclusive Marketing Rights (EMRs) have been repealed, and a provision for enabling grant of compulsory license has been introduced.
    • The provisions relating to pre-grant and post-grant opposition have also been introduced.
  • The Rules under Patent Act were also amended in 2012, 2013, 2014, 2021.
Patents (Amendment) Rules, 2021
  • Patent Fees for Educational Institutions Reduced:
    • Educational institutions engage in many research activities, where professors and teachers and students generate several new technologies which need to be patented for facilitating commercialization of the same.
    • At the time of applying for patents, the innovators have to apply these patents in the name of the institutions which have to pay fees for large applicants, which are very high and thus work as a disincentive.
    • In this regard and to encourage greater participation of the educational institutions, official fees payable by them in respect of various acts under the Patents Rules, 2003, have been reduced by way of the Patents (Amendment) Rules, 2021.
    • Benefits related to 80% reduced fee for patent filing & prosecution have been extended to all educational institutions.
      • This benefit was earlier available to all recognised educational institutions owned by the government.
  • Extension of Expedited Examination System:
    • The fastest granted patent is the one which was granted in 41 days after filing of such request. This facility of Expedited Examination system was initially provided for patent applications filed by Startups.
    • It has been now extended to 8 more categories of Patent Applicants:
      • SME (Small and Medium Enterprises), Female applicants, Government Departments, Institutions established by a Central, Provincial or State Act, Government Company, an Institution wholly or substantially financed by the Government and applicants under Patents Prosecution Highway.
        • The Patent Prosecution Highway (PPH) is a set of initiatives for providing accelerated patent prosecution procedures by sharing information between some patent offices.