1)List of inventions that are not patentable.

Sec 3 and 4 of Indian patentable act

ANSWER
(1) Inventions that are frivolous and contrary to natural laws.
Inventions which are frivolous or contrary to well established natural laws.
Example– Inventions that are against the natural laws that are any machine giving 100%
efficiency, or any machine giving output without an input cannot be considered as obvious and
cannot be patented.
(2) Inventions which go against public morality
Inventions in which the primary or intended use or commercial exploitation of which could be
contrary to public order or morality (that is against the accepted norms of the society and is
punishable as a crime) or which causes serious prejudice to human, animal or plant life or health
or to the environment.
Example– As in Biotechnology, termination of the germination of a seed by inserting a gene
sequence that could lead to the disappearance of butterflies, any invention leading to theft or
burglary, counterfeiting of currency notes, or bioterrorism.

(3) Inventions that are a mere discovery of something that already exists in nature.

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

(4) The mere discovery of a form already existing in nature does not lead to enhancement
of efficacy.

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 or 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.

(5) Mere admixing of mixtures leading in the aggregation of properties are non- patentable.

A substance obtained by a mere admixing of two or more mixtures resulting only in the
aggregation of the properties of the components thereof or a process for producing such
substance is not considered the invention.

(6) Mere aggregation or duplication of devices working in a known way is not an invention.
The mere aggregation or re-arrangement or duplication of known devices each functioning
independently of one another in a known way.

(7) Horticulture or agricultural method is non-patentable.

A method related to agriculture or horticulture. (i) Medicinal, curative, prophylactic, diagnostic,

therapeutic for treating diseases in human and animals are non-patentable.

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

(8) Essential biological processes for the production or propagation of animals and plants is
not an invention.

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

(9) Simple mathematical or business or computer programs are not an invention.

A mathematical or business method or a computer program per se or algorithms.

(10) Aesthetic creation is not an invention.

A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including
cinematographic works and television productions.

2)Patentability criteria (as per the principles of patent law)

3)Legal Requirements for patentability as per WIPO

4)The note on registration of patents in India

Patents in Indian Patent Act, 1970

Section 2(m) of the Indian Patent Act, 1970, defines a patent as “a patent which is granted for
any invention under the provisions of this Act.”
New or novel
Section 2(1)(l) of the Act provides that an invention is said to be new or novel when it is not
anticipated in the document or used in India or the world before the filing of the patent
application with the specified subject matter of the invention in the Indian patent office. What
must be seen to consider the invention as new is that it did not exist in the state of the art because
it enables every individual in the country to access the prior existing technology or invention.
was observed in Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (1978), that
an invention must have a novelty of such a nature that it was not known in society before the
date of the patent for the grant of a patent.
subject Attended missed credit
Taxational law 12+10 04 4
Professional ethics 8+ 4 02 4
Trade law 9+6 03 3
Labour and 3+6 03 3
industrial law
Environmental law 14+3 02 4
IPR 16+2 02 4
Humanitarian and 14+1 04 3
refuguee law