According to the Indian Patent Act, the following are the inventions that are not patentable.
a. Frivolous inventions or inventions that are against the laws of nature are not patentable. For example an invention comprising machines that have 120% efficiency is against the natural laws and hence, non-patentable.
b. Any use of an invention that is against the public order or public morality or which endangers human or plant or animal life or health is non-patentable. For example an invention of a gambling machine is not patentable. Another example would include an invention of a weapon that may cause mass destruction.
c. Mere discovery of a scientific principle or formulation of an abstract theory or discovery of any living or non-living substance if not patentable. For example: any theories opposed to Newton’s laws are not patentable. Discovery of microorganisms are not patentable.
d. Mere discovery of a new form of a known substance which does not enhance the efficacy of a substance is not patentable.
Mere discovery of any new property of a known substance is not patentable unless such a process results in a new product or includes the use of a new reactant.
Mere use of a known substance or a known process is not patentable unless such a process results in a new product or includes the use of a new reactant.
For example new use of aspirin to treat heart diseases is not patentable.
e. Substance obtained by mere admixture resulting only in aggregation of the properties of the components is not patentable. Lemon added to water to form a drink is not patentable
f. Mere arrangement or rearrangement of known devices that function independently of each other is not patentable. For example a radio attached to a television set is not patentable.
g. This section has been omitted from the Indian Patent Act.
h. A method of agriculture or horticulture is not patentable. For example a method of cultivating plants is not patentable.
i. Any methods of treating human beings or animals including medicinal, surgical, curative, prophylactic, diagnostic, therapeutic are not patentable. For example a method of treating cancer is not patentable in India.
j. Plants or animals including seeds, varieties, species are not patentable. The essential biological processes for the production of plants or animals are not patentable.
k. Mathematical, business method, algorithm or computer program per se is not patentable.
l. Literary, dramatic, musical, artistic, aesthetic creation, cinematographic work or television production is not patentable.
m.Methods of performing mental acts or playing games are not patentable.
n. Method of presentation of information is not patentable.
o. Topography of integrated circuits are not patentable.
p.Traditional knowledge or aggregation of properties related to traditionally known components are not patentable.
One Response to What Inventions are not Patentable in India?
Property in Zirakpur May 30, 2012
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