Inventions Not Patentable

S. 3: What are not Inventions

•Frivolous or contrary to natural laws

–A gun with a torch light attached to it

•Contrary to public order or morality or

– causing serious prejudice to 

–Human, animal or plant life or health or to the environment

–E.g. Instrument for pick-pocketers, thieves, etc

–Apparatus to inject any drug into human body for faster absorption

–Cloning of human beings, use of human embryos for industrial or commercial purposes, processes of modifying genetic identity of animals likely to cause unnecessary harm 

•Mere discovery of scientific principle or 

–Formulation or discovery of any living thing or non-living thing occurring in nature 

•3(d) 

–Mere discovery of a new form of known substance 

•Not resulting in enhancement of known efficacy of that substance 

–Mere discovery of any new property or new use for a known substance 

–Mere use of a known process, machine or apparatus unless such process results in a new product  

•Substance obtained by mere admixture 

–Resulting only in the aggregation of the properties of the components 

•Mere arrangement or re-arrangement or duplication 

–of known devices 

–each functioning independently of one another in a known way 

–M/s Standipack Pvt Ltd v. M/s Oswal Trading Co Ltd AIR 2000 Del 23, pouch for storage and dispensing of a liquid such as lubricating oil; thickness of the films that have been used in pouches

•method of agriculture or horticulture 

•process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings 

–Or animals to render them free of disease 

–or to increase their economic value or 

–that of their products 

–E.g. more efficient or less harmful dosages in known treatment; 

–Administration of bacterium to get immunity from a disease 

–Employment of known medical equipment for new treatments 

•plants and animals other than micro-organisms but including 

–Seeds, varieties and species and 

–Essentially biological processes 

–for production or propagation of plants and animals 

–Bio-technological inventions: Made mandatory by TRIPs 

–Case: Diamond v. Chakrabarty, 447 US 303 (1980) 

•Genetically engineered bacterium capable of breaking down multiple components of crude oil

•mathematical or business method 

–or a computer programme per se or 

–algorithms 

•literary, dramatic, musical or artistic work or 

–Any aesthetic creation whatsoever 

–including cinematographic works and television productions 

•method of performing mental act or method of playing game 

 

•Presentation of information 

•topography of integrated circuits 

–The Semiconductor Integrated Circuits Layout-Design Act, 2000 

•traditional knowledge or 

–aggregation or duplication of known properties 

–of traditionally known component 

–E.g. Use of turmeric to heal wounds

•Dhanpat Seth & Others v Nil Kamal Plastic Crates Ltd, (2008) 36 PTC 123 (HP) (DB) 

–Traditional Kilta used in Himachal Pradesh

•S. 4: Inventions related to atomic energy not patentable 

–Falling within s. 20(1) of the Atomic Energy Act, 1962 

–National security reasons 

•Concurrent Patents 

–Can two persons who made an invention by their independent efforts, get independent patents for the same invention?

- No. The person who files first will get the patent