Civil Procedure Code (CPC)

Non Patentable Inventions

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What are non-patentable inventions?

 
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INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student

An invention which is frivolous or which claims anything obvious contrary to well established natural laws;


an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;


c) the mere discovery of a scientific principle or  the  formulation  of an  abstract theory or discovery of any living things or non-living substance occurring in nature;


 the mere discovery of any new property or new use for 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;


 a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;


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


 

 


Non Patentable Inventions 

[Under Section 3]


 

----- Section 3(g) of the Patents Act,1970 has been omitted;


 


a method of agriculture or horticulture;


 


any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;


 

 


Non Patentable Invention 

[Under Section 3]


 

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


 


a presentation of information;


 


topography of integrated circuits;


 


an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components’.


 

 

 

 


Non Patentable Inventions 

[Under Section 3


Atomic Energy Related Inventions Not Patentable (Under Section 4) 


No patent shall be granted in respect of an invention relating to  Atomic energy falling within sub section (1) of section 20 of the  Atomic Energy Act, 1962. 


e.g. Inventions relating to compounds of Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as notified by Central Government from time to time. 

 


 


15 October 2008, 23:39

 

 
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