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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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