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ravi teja singh (JE)     26 April 2013

Invention not patent able

Can a method of treatment of "plants" , increasing production of plant be patented?

Section 3(i) states that medical procedures which are only for treatment of "humans and animals" are not patentable.

please comment on this 

thank you



 2 Replies

Guest (Guest)     26 April 2013

A method of agriculture or horticulture is not an invention. Please refer Section 3(h).

Your method of treatment of plants to increase production or yield comes within the meaning of "method of agriculture," unless you're referrring to a chemical compound or mixture, such as organic fertizlier which can be patented.

Please PM me if you require more details.

1 Like

Adv k . mahesh (advocate)     26 April 2013

as per patent act i had given with example 3(h) a method of agriculture or horticulture; (i) any process for the medicinal, surgical, curative, prophylactic 4[diagnostic, therapeutic] or other treatment of human beings or any process for a similar treatment of animals 5[xxxxx] to render them free of disease or to increase their economic value or that of their products. 4[(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;

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