Non patentable inventions
- 2. Section 3(a) • Frivolous inventions • Inventions contrary to well established natural laws Examples Machine that gives more than 100% performance
- 3. Section 3(b) Commercial exploitation or primary use of inventions, which is Contrary to public order or Morality Examples – Gambling machine, Causes serious Prejudice to health or human, animal, plant life or to the environment Examples Biological warfare material or device, weapons of mass destruction
- 4. Section 3 ( c ) • Mere Discovery of a Scientific Principle or • formulation of an Abstract Theory or • discovery of any living thing or • discovery of non–living substance occurring in nature Examples Newton’s Laws Discovery of micro-organism Discovery of natural gas or a mineral
- 5. Section3 (d) • 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 Examples – Crystalline forms of known substance • 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. Examples – New use of Aspirin for heart ailments, – Mere new uses of Neem
- 6. Section 3(e) Substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance. Examples Solution of sugar and color additives in water to form a soft drink . Section 3 ( f ) Mere arrangement or re-arrangement or duplication of known devices, each functioning independently of one another in a known way . Examples A Bucket fitted with torch. An Umbrella with fan. A Clock and radio in a single cabinet.
- 7. Section 3(h) Method of Agriculture or Horticulture Examples Cultivation of algae , Producing new form of a known plant, Section 3(i) Any process for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or a similar treatment of animals to render them free of disease or to increase their economic value or that of their products Examples Removal of cancer tumor Removal of dental plaque and carries Surgical processes
- 8. Section 3(j) Plants and animals in whole or any part thereof other than micro- organisms, but including seeds, varieties an d species and essentially biological process for production or propagation of plants & animals Section 3(j) • Plants and animals in whole • Parts of plants and animals • Seeds • Varieties and species • Essentially biological processes for propagation or production of the animals and plants
- 9. Section 3(k) * mathematical method or * business method or * algorithms or * computer programme per se Examples – Computer program by itself or as a record on a carrier Section 3(l) A literary,dramatic, musical or artistic work or any other aesthetic creation including cinematographic work and television productions These subject-matters fall under the copyright protection
- 10. Section 3(m) A mere scheme or rule or method of performing mental act or method of playing game Examples •Method for solving a crossword puzzle, •Method of teaching /learning Section 3 (n) Presentation of information Examples Any manner or method of expressing information whether by spoken words Visual display symbols diagrams
- 11. Section 3 (o) Topography of integrated circuits. Examples circuits layout Section 3 (p) Inventions which are Traditional Knowledge or an aggregation or duplication of known properties of traditionally known component or components. Examples Traditional Knowledge already in public domain - Wound healing property of Haldi
- 12. Section 4 Inventions falling within Section 20(1) of the Atomic Energy Act, 1962 are not patentable Effect Inventions relating to compounds of Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as notified by Central Govt. from time to time. Non Patentable inventions