Section 3(j) Patents Act 1970 excludes from patentability:
Answer & Solution
Correct answer: D.
1. Section 3(j) Patents Act 1970 (inserted by the Patents (Amendment) Act, 2002) excludes from patentability: 'plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals'.
2. The exclusion implements India's TRIPS Article 27(3)(b) flexibility.
3. Plant varieties are protected separately under the Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPV&FR Act).
4. Micro-organisms (e.g. genetically modified bacteria) ARE patentable subject to Sections 3 and 5.
5. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Patents Act 1970, Section 3(j) (inserted by 2002 Amendment)_
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