Patent Act_5

What are the types of inventions which are not patentable in India?

An invention may satisfy the conditions of novelty, inventiveness and usefulness but it may not qualify for a patent under the following situations:

(i) An invention which is frivolous or which claims anything Obviously contrary to well established natural laws e.g. different types of perpetual motion machines.

(ii) An invention the primary or intended use of which would be contrary to law or morality or injurious to public health e.g. a process for the preparation of a beverage which involves use of a carcinogenic substance, although the beverage may have higher nourishment value.

(iii) The mere discovery of a scientific principal or formulation of an abstract theory e.g., Raman effect.

(iv) The mere discovery of any new property or new use of known substance or the mere use of a known process, machine or apparatus unless such a known process results in a new product or employs at least one new reactant.

(v) 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.

(vi) The mere arrangement or rearrangement or duplication of features of known devices each functioning independently of one another in a known way.

(vii) A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient.

(viii) A method of agriculture or horticulture .

(ix) Any process for medical, surgical, curative, prophylactic or other treatment of human beings, or any process for a similar treatment of animals or plants.

(x) Inventions relating to atomic energy.