A Scientist in CSIR genetically modify the seeds of the mango tree, making it possible to have fruits even dry geographical landscape and have two variety kinds of mango in one tree. The scientist wants to take the benef
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2019
A Scientist in CSIR genetically modify the seeds of the mango tree, making it possible to have fruits even dry geographical landscape and have two variety kinds of mango in one tree. The scientist wants to take the benefits of his invention. Please advise him about its IPR protection.
Answer & Explanation:
The Patents Act, 1970 provide the patent right to inventor. The conditions of Patentability are: Novelty Inventive step (non-obviousness) and Industrial applicability (utility). However, certain inventions irrespective of the inventiveness of the product are not eligible for the grant of patents. Section 3 of the Patents Act, 1970 defines the number of issues on which patent cannot be issued. As per Section 3(j) of the Patents Act, 1970, plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals are not inventions. New plant varieties are protected under the Protection of Plant Verities and Farmer Rights Act, 2001 with limited rights.
Topics: Patent Law
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