Slide 1

What is not Patentable?

Laws & rules mandating patentability differ slightly from country to country. The legal system has kept the welfare of the society & environment in the forefront.  Article 27 of the TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement mandates the member countries to grant patents for all inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. But the member countries are free to exclude from patentable inventions, the prevention within their territory, those whose commercial exploitation would be dangerous to public order or morality, including human, animal or plant life or health or that causes serious prejudice to the environment.

In India, according to Section 3 and Section 4 of Indian Patents Act 1970, the following inventions are not patentable even if they satisfy the patentability criteria,

Section  3. What are not inventions-?

(a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;

(b) an invention the primary or intended use or commercial exploitation of which could be contrary 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 thing or non-living substance occurring in nature;

(d) 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;

(e) 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;

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

(g) Omitted by the Patents (Amendment) Act, 2002

(h)  a method of agriculture or horticulture;

(i) 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 to render them free of disease or to increase their economic value or that of their products.

(j)  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;

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

Section 4. Inventions relating to atomic energy not patentable.—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 (33 of 1962).

1180 : views

Share it !

One Response so far.

  1. Rifftype says:

    Rifftype…

    I read this really best post today….

Leave a Reply


  • RSS
  • Facebook
  • Twitter
  • Linkedin
  • googlePlus

Popular Posts

What is not...

What is not Patentable? Laws & rules mandating patentability ...

IPAB upholds the...

                  IPAB upholds the first Compulsory License granted in ...

Can genes be...

Can genes be Patentable? Could someone own my genes? ...

Natural DNA is...

Natural DNA is not patentable but cDNA is-US ...

Freedom under TRIPS...

Within the mandate of TRIPS agreement India has ...

‘A Kodak Moment’...

‘A Kodak Moment’ –Hard truth of Patent Valuation In ...

Pharmacogenomics: Advent of...

  Pharmacogenomics is the technology that analyses how genetic makeup affects an individual’s response to drugs. Pharmacogenomics helps to predict response to a ...

Traditional knowledge and...

Traditional knowledge and Intellectual property: Case of Turmeric                     In ...

Do I need...

                        Do I need a Trademark or Copyright protection? Both ...

Will Rotavac find...

Will Rotavac find its place in the National ...