Inventions not Patentable in India - as per The Patents Act 1970


Patents are territorial rights and are applicable in specific geography or country where patent has been filed or granted. In India, Section 3 & 4 tells us about the inventions which are not patentable.

Today's blog tells about the inventions not patentable in India as per The Patents Act, 1970.


- What Are Inventions?

As defined in Section 2 (j) the term “invention means a new product or process involving an inventive step and capable of application”. The invention should be of absolute novelty as neither it has been used nor published in any part of the world.


- What are not inventions?

Section 3

(a) inventions which don’t have any serious purpose/value and/or are contrary to well established natural laws;

(b) an invention which go against public order or morality

or

can causes serious harm to human, animal or plant life or health or to the environment;

(c) the mere discovery of a scientific principle or something that already exist in nature

(d) the mere discovery of a new form, property or use of a known substance

or

of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

(e) mere admixing of mixtures leading in the aggregation of properties or a process for producing such substance;

(f) mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;

(h) a method of agriculture or horticulture;

(i) any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment for treating diseases in human and animals or to increase their economic value or that of their products.

(j) other than only micro organisms, any plants and animals in whole or seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;

(k) a mathematical or business method or a computer programme per se or algorithms;

(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;

(m) a mere scheme or rule or method of performing mental act or method of playing game;

(n) a presentation of information;

(o) topography of integrated circuits;

(p) traditional knowledge or duplication of known properties of traditionally known component/s.

(q) inventions related to atomic energy as per Section 4


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