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Senthil Kumar (Patent Consultant)     10 November 2008

Non-patentable invention in India

In India, not everything under the Sun is patentable in contrary to US Patent system. In order to remove ambiguity, the inventions, which are not patentable even though they fulfil the patentability criteria [Novel, Inventive and Industrial Applicable], are clearly specified in the Patent Act (Chapter II which includes Sections 3, 4 and 5). Some inventions are excluded, as they do not have a technical effect while others are excluded on moral grounds. Also, inventions, which relate to atomic energy, are strictly not patentable (Section 4).

To read further click https://indiapatents.blogspot.com/2008/10/non-patentable-invention-in-india.html



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 4 Replies

prabodh kumar patel (advocate)     10 November 2008

nice information

S P ASHOK (ENGINEER)     11 November 2008

One of the controversial area in non patentable inventions is traditional knowledge (TK). TK is not patentable in India while in USA, TK is patentable. US Patent Laws  considers only published informations. A lot of TK in India  is in oral form. Taking advantage of this, many inventions based on TK is being patented in US and Developed Countries.


S.P.ASHOK


 

S P ASHOK (ENGINEER)     11 November 2008

One of the controversial area in non patentable inventions is traditional knowledge (TK). TK is not patentable in India while in USA, TK is patentable. US Patent Laws  considers only published informations. A lot of TK in India  is in oral form. Taking advantage of this, many inventions based on TK is being patented in US and Developed Countries.


S.P.ASHOK


 

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student)     14 November 2008

Are mathematical equations patentable in any country in the world?


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