Senthil (Patent Consultant) 23 June 2009

What is not patentable in India?

Most of us might know about patentability requirement in India, i.e, the invention should be novel, inventive and capable of industrial applicable. However, we can not get patent forall the inventions even though which meets all the above criteria, and section 3 and 4 has long list of area which are not patentable in India. This section has been obstacle for not less than 50,000 inventions which are eligible for registering patent. Last year, department of industrial policy and promotion (DIPP) proposed to scrap the section 3(d), and it may be implemented sooner or later.

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Senthil (Patent Consultant) 23 June 2009

https://tinyurl.com/nqhl4v

Manjula M Raval (Proprietor) 19 September 2009

WHAT INVENTIONS ARE PATENTABLE :-No patent will be granted in respect of an invention relating to atomic energy falling under the Atomic Energy Act, 1962.Invention, in respect of which only methods or process for manufacture are patentable are as follows :

In the case of invention –

(a) claiming substances intended for use or capable of being used, as food or as medicine or drug; or

(b) relating to substances prepared or produced by chemical process (including alloys, optical glass, semiconductors and inter-metallic compounds), no patent shall be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture shall be patentable. It may be noted that the said claims should relate to a single method of process of manufacture.