Invention can't be patentable in india?

Inventions that can’t be patentable in india?

A patent is a form of intellectual property rights, similar to trademarks, copyrights, design, and GI. The word "patent" comes from the Latin term "patere," meaning "to lay open," which refers to making an invention available for public inspection. A patent grants the owner an exclusive right or title for a limited period of time to prevent others from making, using, or selling the invention. Violating these exclusive rights is known as patent infringement. In India, the Patents Act of 1970 governs patents. The main aim of this act is to encourage people to come up with new ideas in their field by awarding them exclusive rights over their inventions.

1. Invention that can patentable in india:-

An invention can be patented if it has a useful purpose, has patentable subject matter, is novel, and non-obvious. The patent could cover a composition, production process, machine tool, new plant species, or an upgrade to an existing invention. Inventors must meet certain government guidelines to get a patent.

Sections 3 and 4 of the Indian Patents Act 1970 specifically state the inventions that can not be patented.

At the outset, it has to be mentioned that the answer to this is not set in stone, and there isn’t any definitive list of what can be patentable in India.

There are, however, specific criteria that are required to be met to make an invention patentable. The patentability of an invention is determined by its ability to meet the requirements.

The following determine the patentability criteria and patentable requirements of an invention in India:-

1. Patentable subject matter:-

The foremost consideration is determining whether the invention relates to a patentable subject matter. Sections 3 and 4 of the Patents Act list out non-patentable subject matter. As long as the invention does not fall under any provision of Sections 3 or 4, it has patentable subject matter (subject to the satisfaction of the other criteria).

2. Novelty:-

Novelty is essential in determining the patentability criterion of an invention.

Novelty or new invention is defined under Section 2(l) of the Patents Act as “any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of a patent application with complete specification, i.e., the subject matter has not fallen in the public domain or that it does not form part of state of the art.”

3. Inventive step or Non-Obviousness:-

The inventive step is defined under Section 2(ja) of the Patents Act as “a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention non-obviousness a person skilled in the art.”

4. Capable of Industrial Applications:-

Under Section 2(ac) of the Patents Act, industrial applicability is defined as “the invention is capable of being made or used in an industry.”

Accordingly, the invention cannot exist in the abstract. It must be capable of being applied in any industry, which means that the invention must have practical utility to be patentable.

2. Inventions that can’t be patentable in india?

The following are not inventions within the meaning of this act-

1 .An invention which is insignificant like perpetual motion or  which claims anything obviously contrary to well established natural laws or we can say where we get  output without input.

2 .No patent will be granted for invention related to Atomic energy.(section-4)

3. An invention the primary or intended use for commercial exploitation or which could be contrary to public order or morality or which cause serious prejudice to human, animal or plant life or health or to the environment.

Ex- theft, house-breaking, gambling, human cloning, etc.

4. The mere discovery of the scientific principle or formulation of an abstract theory or discovery of any living thing or non-living thing substance occurring in nature.

*Practical application of such principal/theories are patentable subject matter. 

5. The mere discovery of a new form of a known substance which does not result in enhancement of the known therapeutic/efficacy of that substance or the mere discovery of any new property or new use of known substance of the mere use of known process, machine or apparatus unless such known process results in new a new product or employs at least one new reactant. 

Explanation- for the purpose of this clause, salts, estres, ethers, polymorphs,  metabolites, pure form particle size, isomers, mixture of isomers, complexes, combinations and other derivatives of known substances, unless they differ significantly in properties with regard to efficacy.

6. A substance obtained by a mere admixture resulting only in the aggregation in the properties of the component thereof or a process for producing such substance.

7. The mere arrangement or the re-arrangement or duplication of known devices each functioning independently of one another in a known way.

Example-umbrella with a fan, bucket with torch. 

8.A method of agriculture horticulture

any process for the medical, surgical, curative, prophylactic diagnostic, therapeutic or the other treatment of human beings or any process of similar treatment  of animals to render them free of disease or to increase their economic value or that of their products.

9.Plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for the production or propagation of plants and animals.

However micro-organism other than naturally occurring are patentable (genetically modified!) 

10.A mathematical or business method or a computer programme per se or algorithms are not patentable subject matter. 

Case- ferid allani vs. union of india and ors. 

11. A literary, dramatic, musical, artistic, work or other aesthetic creation whatsoever including cinematographic  works and television production are not patentable subjects because these are under the copyright act. 

12. A mere scheme or rule or method of performing a mental act or method of playing a game all these are mental processes and mental processes are not patentable. 

13. A presentation of information/data is not patentable subject matter, manner means or method of expressing information.

Visual

Audible or

Tangible by words, codes, signals, symbols, diagrams or any other mode. 

14. Topography of layouts of integrated circuits protected by semiconductor integrated circuit lay-out designs act,2000.

Ex- 3d configuration of circuits used in chips are not patentable. 

15.An invention which in effect, is traditional knowledge or which is an aggregation or duplicate of known properties of traditionally known components are not patentable subject matters.

3. Conclusion:-   

Through this article we will able know what kind of invention which are  patentable in india. What are the requirements for patent an invention in india. And invention which can’t be patentable in india are invention whose commercial exploitation is contrary to public order and morality or which causes serious prejudice to humans, animals, plants, or the environment is not patentable. Hence, a device for housebreaking or a gambling machine cannot be granted a patent.

4. Researcher and Writers:-

Intellectual Property Owner:-Techalam Legal Solution LLP*,

Author & Writer:- Simran Acharya*(B.Com, LLB, LLM, Adv.), Adv. Naya Jain **(LLB, ADV)

Researcher & Scientific Work:- Prakash Chand Sharma***

Technology & Intelligence Director:- Devendra Choudhary******

Founders, Designated Partners & Associate of Zumosun Group

 Mobile:- +91 9116098980/9119112929  email:- thelegalbank@gmail.com

5. Reference:-

  Patent Search Services in India

    What are the criteria for patenting my invention? | Government.nl

    Non-Obviousness: Comparison between India, Europe and the US | Intepat

   The requirements of Industrial Applicability Under The Indian Patent Law - Intepat IP