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?
Statement 1 is incorrect and statement 3 is correct: In our Patent Law we introduced a clause Article 3j which clearly states that the following are not inventions, hence not patentable: “plants and animals in whole or in any part there of other than microorganisms; but including seeds, varieties, and species, and essentially biological processes for production or propagation of plants and animals”. Statement 2 is incorrect: The Intellectual Property Appellate Board (IPAB) was constituted on September 15, 2003 by the Indian Government 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.