Dear sir,
What are non patentable inventions? what is india's position relating to inventions based on traditional Knowledge.
Dinkar Vidyarthi (Advocate) 10 October 2008
Dear sir,
What are non patentable inventions? what is india's position relating to inventions based on traditional Knowledge.
Senthil Kumar (Patent Consultant) 10 October 2008
Under Section 3 & 4, there are list of inventions provided which are not patentable.
To know further, please visit the link
https://indiapatents.blogspot.com/2008/10/how-to-file-patent-in-india.html
Shree. ( Advocate.) 10 October 2008
An invention which is frivolous or which claims anything obvious contrary to well established natural laws;
an invention the primary or intended use or commercial exploitation of which could be contrary to 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 things or non-living substance occurring in nature;
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;
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;
the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
Non Patentable Inventions
[Under Section 3]
----- Section 3(g) of the Patents Act,1970 has been omitted;
a method of agriculture or horticulture;
any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human being 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;
Non Patentable Invention
[Under Section 3]
a mere scheme or rule or method of performing mental act or method of playing game;
a presentation of information;
topography of integrated circuits;
an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components’.
Non Patentable Inventions
[Under Section 3
Atomic Energy Related Inventions Not Patentable (Under Section 4)
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.
e.g. Inventions relating to compounds of Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as notified by Central Government from time to time.
Senthil Kumar (Patent Consultant) 15 October 2008
Dear Shree,
Section 12 and 13 does not deal with non-patentable inventions.
Section 12 explains the examination procedure of patent application.
Section 13 proives the search for anticipation by previous publication and by prior claim.
Please read the Patent Act, to know about the inventions not patentable.