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Dinkar Vidyarthi (Advocate)     10 October 2008

What are non patentable invention?

Dear sir,

What are non patentable inventions? what is india's position relating to inventions based on traditional Knowledge.



Learning

 3 Replies

Senthil Kumar (Patent Consultant)     10 October 2008

Under Section 3 & 4, there are list of inventions provided which are not patentable.


To know further, please visit the link


 


https://indiapatents.blogspot.com/2008/10/how-to-file-patent-in-india.html


 



Shree. ( Advocate.)     10 October 2008


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. 

 


Senthil Kumar (Patent Consultant)     15 October 2008

Dear Shree,


Section 12 and 13 does not deal with non-patentable inventions.


Section 12 explains the examination procedure of patent application.


Section 13 proives the search for anticipation by previous publication and by prior claim.


Please read the Patent Act, to know about the inventions not patentable.


3. What are not inventions


The following are not inventions within the meaning of this Act, -


  1. an invention which is frivolous or which claims anything obvious contrary to well established natural laws;

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

  3. the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;

  4.  the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or 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.


Explanation.—For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;".


  1. 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;

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

  3. Omitted by 2002 Amendment Act

  4. a method of agriculture or horticulture;

  5. any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals (or plants)[omitted by 2002 Amendment Act] to render them free of disease or to increase their economic value or that of their products.

  6. 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;

  7.  a computer programme per se other than its technical application to industry or a combination with hardware;


ka. a mathematical method or a business method or algorithms;


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

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

  3.  a presentation of information;

  4.  topography of integrated circuits;

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



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.


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