(Section 3 of the (Indian) Patents Act, 1970
The following are not patentable in India:-
- An invention, that is frivolous or that claims anything obviously contrary to well established natural laws;
- An invention, the primary or intended use of which would be contrary to law or morality or injurious to public health;
- The mere discovery of a scientific principle or the formulation of an abstract theory;
- 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 rearrangement or duplication of known devices, each functioning independently of one another in a known way;
- A method of agriculture or horticulture;
- Inventions relating to atomic energy.
- Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or animals.
- Plants and animals in whole or any part thereof other than microorganisms.
- Mathematical or business method or a computer program per se or algorithms.
- literary, dramatic, musical or artistic works, cinematographic works, television productions and any other aesthetic creations.
- Mere scheme or rule or method of performing mental act or playing game.
- Presentation of information.
- Topography of integrated circuits.
- An invention which in effect, is traditional knowledge or is based on the properties of traditional knowledge.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
