Download - The Patent Act 1970
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The Patent Act 1970
Section : 3
Inventions Not PATENTABLE
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Section 3(a)
An invention that isfrivolous or that claimsanything obviously
contrary to wellestablished naturallaws.
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Examples:
Machines / devices thatviolate the Third Law ofThermodynamics,
Perpetual motionmachine.
Perfect black body
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Section 3(b)An invention, the
primary or intendeduse or commercial
exploitation of whichwill be contrary to lawor morality or whichcauses seriousprejudice to human,animal or plant life orhealth or to theenvironment
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Section 3(c)
The mere discovery of a scientificprinciple or the formulation of anabstract theory or discovery of anyliving thing or non- living
substance occurring in nature.
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Examples:
Raman Effect
RNA
DNA
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Section 3(d)
The mere discovery of anew property or new usefor a known substance or
of the mere use of aknown process, machineor apparatus unless suchknown process results ina new product oremploys at least one newreactant
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EXAMPLE:
New use of known turmeric powder as an agent fortreating AIDS..
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Section 3(e)
Asubstance obtained by mere admixture resultingonly in the aggregation of the properties of thecomponents thereof or a process for producing
such substance. Example: A detergent composition consisting of an
active ingredient and a carrier wherein the carrier doesnot possess any activity (inert)) and does not play any
part in the activity of the composition .
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Section 3(f)
Mere arrangement or rearrangement orduplication of known devices each functioningindependently of one and another in a known way.
Example: A lamp with two umbrellas
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Section 3(h)
A method of agriculture or horticulture
Example: A method of spraying insecticides on a
field to prevent insects from harming the plants.
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Section 3(i)
Any process for the medicinal, surgical, curativeprophylactic,diagnostic,therapeutic or other treatment ofhuman being or any process for a similar treatment of animalto render them free of disease or to increase their economicvalue or that of their products is not an invention. .
Example: A process for treatment of human suffering frommalignant tumor by conducting an operation to remove the
tumour.
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Section 3(j) Plants and animals in whole or any part thereof other than
micro-organisms but including seeds, varieties and species ofplant and essentially biological processes for production ofplants and animals are not an invention.
Example : A new plant or an existing plant and transgenicanimals.
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)A mathematical or business method or a
computer programme per se or algorithms arenot inventions and hence not patentable.Example: A mere Computer software.
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Section 3(l)
A literary, dramatic, musical or artistic work or anyother aesthetic creation whatsover includingcinematographic works and television productions
is not an invention. Example: A text book in history.
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Section 3(m)
A mere scheme or rule or method of performing mentalact or method of playing game is not an invention.Example: Rules for an indoor game.
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Section 3(n)A presentation of information is not an invention.
Example: Presentation of a paper through MS PowerPoint.
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Section 3(o)
Topography of integrated circuit is not aninvention.
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Section 3(p)
An invention which in effect, is traditionalknowledge or which is an aggregation orduplication of known properties of traditionally
known component or components is not aninvention.
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Example: Apharmaceutical
compositioncontaining turmericas the activepharmaceutical
ingredient useful forwound healing. Thisis not a subject matterfor the grant of a
patent as such use isalready known in theIndian traditionalsystem of medicine
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