Patentable and Non-Patentable inventions

1. PATENTABLE AND
NON-PATENTABLE
INVENTIONS
P:4 U:2
Vedanti S. Gharat
Roll no.:- 09
M.Sc. Biotechnology part 1

2. INTRODUCTION
• A patent is an exclusive right granted by the government to the
owner of the invention for a limited period to make, use,
manufacture and market the invention.
• According to the Patent Act (of India), those that fall under
the category of “Inventions” can be patented, as defined
in Section 2 (j) of the Act which involves anything that is
novel, capable of industrial application, and is not frivolous
(subject-matters eligible for patentability).
• However, those that cannot satisfy such conditions (or restricts
the scope of subject matters eligible for patentability) are non-
patentable as mentioned in Section 3 and Section 4 of the Act.

3. NON-PATENTABLE INVENTIONS
• Section 3 and Section 4 of the Patent Act is highly debatable and
deals with the list of exclusions that are non-patentable that do
not satisfy the above conditions. Following are not the
“inventions” under the meaning of this act:
(a) Inventions that are frivolous and contrary to natural laws.
• Inventions which are frivolous or contrary to well established
natural laws.
b) Inventions which go against public morality.
• Inventions in which the primary or intended use or commercial
exploitation of which could be contrary to public order or morality
(that is against the accepted norms of the society and is punishable
as a crime) or which causes serious prejudice to human, animal or
plant life or health or to the environment.

4. (c) Inventions that are a mere discovery of something that already exists
in nature.
• The mere discovery of a scientific principle or the formulation of an
abstract theory or discovery of any living or non-living substances
occurring in nature.
(d) The mere discovery of a form already existing in nature does not
lead to enhancement of efficacy.
• 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.
(e) Mere admixing of mixtures leading in the aggregation of properties
are non- patentable.
• A substance obtained by a mere admixing of two or more mixtures
resulting only in the aggregation of the properties of the components
thereof or a process for producing such substance is not considered the
invention.

5. (f) Mere aggregation or duplication of devices working in a known way is
not an invention.
• The mere aggregation or re-arrangement or duplication of known devices
each functioning independently of one another in a known way.
(h) Horticulture or agricultural method is non-patentable.
• A method related to agriculture or horticulture.
(i) Medicinal, curative, prophylactic, diagnostic, therapeutic for treating
diseases in human and animals are non-patentable.
• 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) Essential biological processes for the production or propagation of
animals and plants is not an invention.
• 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.

6. (k) Simple mathematical or business or computer programs are not
an invention.
• A mathematical or business method or a computer program per se or
algorithms;
l) Aesthetic creation is not an invention.
• A literary, dramatic, musical or artistic work or any other aesthetic
creation whatsoever including cinematographic works and television
productions.
(m) Mental act, rule or method is not an invention.
• A mere scheme or rule or method of performing mental act or method
of playing a game.
(n) Presentation of information is non-patentable.
(o) The topography of integrated circuits is non-patentable
• Such as semiconductors used in microchips are not patented.

7. (p) Traditional Knowledge is not an invention.
• An invention which in effect, is traditional knowledge or which is an
aggregation or duplication of known properties of the traditionally known
component or components.
(q) Atomic-Energy inventions are non -patentable.
• Section 4 deals with inventions relating to atomic energy, that are also not
patentable and that fall within sub-section (1) of section 20 of the Atomic
Energy Act, 1962.

8. PATENTABLE INVENTIONS
• An invention relating either to a product or
process that is new, involving an inventive step
and capable of industrial application can
be patented.
1. A Process- (method)
2. Machine
3. Article of manufacture
4. Composition (of matter)
5. A “new use” of one of the first four.

9. THRESHOLD REQUIREMENTS
FOR PATENTS

10. T
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