An American company got patent rights on Basmati rice through the US Patent and Trademark Office. Read the following statements about this case:
A. The patented 'new' variety of Basmati had actually been derived from American farmers' varieties.
B. Indian Basmati was crossed with semi-dwarf varieties and claimed as an invention or a novelty.
C. The patent extends to functional equivalents, so other people selling Basmati rice could be restricted by the patent.
D. There is reference to Basmati in ancient texts, folklore and poetry, as it has been grown for centuries.
How many of the above statements are correct?
Answer & explanation
Correct answer: option 3
The correct answer is Option (3) → Three
The Basmati case is the NCERT example of how a company can take a patent on a plant variety that farmers of another country have grown and improved for a long time.
A. The patented ‘new’ variety of Basmati had actually been derived from American farmers’ varieties. — False. It was derived from Indian farmers’ varieties. Only the company and the patent office were American.
B. Indian Basmati was crossed with semi-dwarf varieties and claimed as an invention or a novelty. — True. The cross with semi-dwarf varieties was presented as something new.
C. The patent extends to functional equivalents, so other people selling Basmati rice could be restricted by the patent. — True. Because the patent covers functional equivalents, it could reach beyond the company’s own rice to others selling Basmati.
D. There is reference to Basmati in ancient texts, folklore and poetry, as it has been grown for centuries. — True. This long history shows that Basmati is a traditional Indian crop and not a new invention. B, C and D are correct, so the count is three.
NCERT Extract:
Ethical Issues – “… Basmati rice is distinct for its unique aroma and flavour and 27 documented varieties of Basmati are grown in India. There is reference to Basmati in ancient texts, folklore and poetry, as it has been grown for centuries. In 1997, an American company got patent rights on Basmati rice through the US Patent and Trademark Office. This allowed the company to sell a ‘new’ variety of Basmati, in the US and abroad. This ‘new’ variety of Basmati had actually been derived from Indian farmer’s varieties. Indian Basmati was crossed with semi-dwarf varieties and claimed as an invention or a novelty. The patent extends to functional equivalents, implying that other people selling Basmati rice could be restricted by the patent.”