INVENTIONS NOT PATENTABLE

Three sections i.e., 3 - 5 deal with this topic.

Section 3 lists the following as not being inventions within the meaning of the Act and therefore, are not patentable:

            (a) an invention which is frivolous or which claims anything obvious or contrary to the well established natural laws;

            (b) an invention, the primary or intended use of which would be contrary to law or morality or injurious to public health;

            (c) the mere discovery of a scientific principle or formulation of an abstract theory;

            (d) 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;

            (e) 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;

            (f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;

            (g) a method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machin, apparatus or other equipment or for the improvement or control of manufacture;

            (h) a method of agriculture or horticulture;

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

Section 4 provides that an invention relating to atomic energy is not patentable.

Section 5 provides that in respect of food, medicine or drug, patents are granted only for the process of manufacture of the substance but not the substance itself. However, in respect of substance itself intended for use, or capable of being used as medicine or drug (except chemical substance) which is already used as intermediate, patent can be granted in the manner provided in the Act.

Further, in respect of substances produced by chemical processes including alloys, optical glass, semi-conductors and inter-metallic compounds) patents are granted only for the methods or processes of manufacture but not for the substance itself.