{"id":2201,"date":"2024-04-25T06:03:07","date_gmt":"2024-04-25T00:33:07","guid":{"rendered":"https:\/\/lotusarise.com\/qna\/?p=2201"},"modified":"2024-04-25T06:03:07","modified_gmt":"2024-04-25T00:33:07","slug":"q-consider-the-following-statements-103","status":"publish","type":"post","link":"https:\/\/lotusarise.com\/qna\/upsc\/q-consider-the-following-statements-103","title":{"rendered":"Q. Consider the following statements:"},"content":{"rendered":"\n
    \n
  1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.<\/li>\n\n\n\n
  2. In India, there is\u00a0no<\/strong>\u00a0Intellectual Property Appellate Board.<\/li>\n\n\n\n
  3. Plant varieties are not eligible to be patented in India.<\/li>\n<\/ol>\n\n\n\n

    Which of the statements given above is\/are correct?<\/strong><\/p>\n\n\n\n

      \n
    • 1 and 3 only<\/li>\n\n\n\n
    • 2 and 3 only<\/li>\n\n\n\n
    • 3 only<\/li>\n\n\n\n
    • 1, 2 and 3<\/li>\n<\/ul>\n\n\n\n
      \n

      Answer: (c) 3 only<\/strong><\/p>\n<\/blockquote>\n\n\n\n

      Notes:<\/h5>\n\n\n\n
        \n
      • Article 3(J) of the Indian Patent Act,\u00a0excludes from patentability \u201cplants 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\u201d.<\/strong><\/li>\n\n\n\n
      • The Intellectual Property Appellate Board (IPAB) was\u00a0constituted in 2003<\/strong>\u00a0by 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.<\/li>\n\n\n\n
      • Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder\u2019s Rights (PBRs).<\/strong><\/li>\n\n\n\n
      • In India, the Plant Variety Protection And Farmers Rights (PPVFR) Act, 2001 is a\u00a0sui generis<\/strong>\u00a0system 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.<\/li>\n\n\n\n
      • There are\u00a0no laws in India\u00a0that allow for patenting plants.<\/strong><\/li>\n<\/ul>\n\n\n\n
        Patents Act, 1970<\/strong><\/h6>\n\n\n\n
          \n
        • This principal law for patenting system in India came into force in the year 1972. It\u00a0replaced the Indian Patents and Designs Act 1911.<\/strong><\/li>\n\n\n\n
        • The\u00a0Office of the Controller General of Patents, Designs and Trade Marks or CGPDTM<\/strong>\u00a0is the body responsible for the Indian Patent Act.<\/li>\n\n\n\n
        • The Patent Office has its\u00a0headquarters in Calcutta<\/strong>\u00a0and\u00a0has branches in New Delhi, Chennai and Mumbai.<\/strong>\u00a0The 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.<\/li>\n\n\n\n
        • The Controller General supervises the Act\u2019s administration and also offers advice to the government on related matters.<\/li>\n\n\n\n
        • 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.<\/li>\n\n\n\n
        • The major amendment in the Patent Act was in 2005, when\u00a0product patents were extended to all fields of technology like food, drugs, chemicals and microorganisms<\/strong>.\n
            \n
          • After the amendment, the\u00a0provisions relating to Exclusive Marketing Rights (EMRs) have been repealed<\/strong>, and a provision\u00a0for enabling grant of compulsory license has been introduced.<\/strong><\/li>\n\n\n\n
          • The provisions relating to\u00a0pre-grant and post-grant opposition<\/strong>\u00a0have also been introduced.<\/li>\n<\/ul>\n<\/li>\n\n\n\n
          • The Rules under Patent Act were also amended in 2012, 2013, 2014, 2021.<\/li>\n<\/ul>\n\n\n\n
            Patents (Amendment) Rules, 2021<\/strong><\/h6>\n\n\n\n
              \n
            • Patent Fees for Educational Institutions Reduced:<\/strong>\n
                \n
              • Educational institutions engage in many research activities<\/strong>, where professors and teachers and students generate several new technologies which need to be patented for facilitating commercialization of the same.<\/li>\n\n\n\n
              • At the time of applying for patents, the\u00a0innovators have to apply these patents in the name of the institutions which have to pay fees for large applicants<\/strong>, which are very high and thus work as a disincentive.<\/li>\n\n\n\n
              • In this regard and to encourage greater participation of the educational institutions,\u00a0official fees payable by them in respect of various acts under the Patents Rules, 2003<\/strong>, have been reduced by way of the Patents (Amendment) Rules, 2021.<\/li>\n\n\n\n
              • Benefits related to\u00a080% reduced fee<\/strong>\u00a0for patent filing & prosecution have been\u00a0extended to all educational institutions.<\/strong>\n
                  \n
                • This benefit was earlier available to all recognised educational institutions owned by the government.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n\n\n\n
                • Extension of Expedited Examination System:<\/strong>\n
                    \n
                  • The fastest granted patent is the one which was\u00a0granted in 41 days<\/strong>\u00a0after filing of such request. This facility of Expedited Examination system was initially provided for patent applications filed by Startups.<\/li>\n\n\n\n
                  • It has been\u00a0now extended to 8 more categories of Patent Applicants:<\/strong>\n
                      \n
                    • 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.\n
                        \n
                      • The\u00a0Patent Prosecution Highway (PPH)<\/strong>\u00a0is a set of initiatives for providing accelerated patent prosecution procedures by sharing information between some patent offices.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"

                        Which of the statements given above is\/are correct? Answer: (c) 3 only Notes: Patents Act, 1970 Patents (Amendment) Rules, 2021<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_kad_post_classname":"","footnotes":""},"categories":[1,3],"tags":[39],"years":[54],"class_list":["post-2201","post","type-post","status-publish","format-standard","hentry","category-upsc","category-prelims","tag-indian-polity","years-54"],"acf":[],"taxonomy_info":{"category":[{"value":1,"label":"UPSC"},{"value":3,"label":"Prelims"}],"post_tag":[{"value":39,"label":"Indian Polity"}],"years":[{"value":54,"label":"2019"}]},"featured_image_src_large":false,"author_info":{"display_name":"LotusArise","author_link":"https:\/\/lotusarise.com\/qna\/author\/team-lotusarise"},"comment_info":0,"category_info":[{"term_id":1,"name":"UPSC","slug":"upsc","term_group":0,"term_taxonomy_id":1,"taxonomy":"category","description":"","parent":0,"count":1269,"filter":"raw","cat_ID":1,"category_count":1269,"category_description":"","cat_name":"UPSC","category_nicename":"upsc","category_parent":0},{"term_id":3,"name":"Prelims","slug":"prelims","term_group":0,"term_taxonomy_id":3,"taxonomy":"category","description":"","parent":1,"count":1251,"filter":"raw","cat_ID":3,"category_count":1251,"category_description":"","cat_name":"Prelims","category_nicename":"prelims","category_parent":1}],"tag_info":[{"term_id":39,"name":"Indian Polity","slug":"indian-polity","term_group":0,"term_taxonomy_id":39,"taxonomy":"post_tag","description":"","parent":0,"count":188,"filter":"raw"}],"_links":{"self":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts\/2201","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/comments?post=2201"}],"version-history":[{"count":0,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/posts\/2201\/revisions"}],"wp:attachment":[{"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/media?parent=2201"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/categories?post=2201"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/tags?post=2201"},{"taxonomy":"years","embeddable":true,"href":"https:\/\/lotusarise.com\/qna\/wp-json\/wp\/v2\/years?post=2201"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}