The Patent Act 1970

Section : 3

Inventions Not PATENTABLE

Section 3(a)
An invention that is

frivolous or that claims anything obviously contrary to well established natural laws.

Examples:
Machines / devices that

violate the Third Law of Thermodynamics, Perpetual motion machine. Perfect black body

Section 3(b)
An invention, the

primary or intended use or commercial exploitation of which will be contrary to law or morality or which causes serious prejudice to human, animal or plant life or health or to the environment

Section 3(c)
The mere discovery of a scientific

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

Examples:

Raman Effect
RNA DNA

Section 3(d)
The mere discovery of a

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

EXAMPLE: New use of known turmeric powder as an agent for treating AIDS..

Section 3(e)
A substance obtained by mere admixture resulting
only in the aggregation of the properties of the components thereof or a process for producing such substance.
Example: A detergent composition consisting of an

active ingredient and a carrier wherein the carrier does not possess any activity (inert)) and does not play any part in the activity of the composition .

Section 3(f)
Mere arrangement or rearrangement or

duplication of known devices each functioning independently of one and another in a known way. Example: A lamp with two umbrellas

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.

Section 3(i)
Any process for the medicinal, surgical, curative

prophylactic,diagnostic,therapeutic or other treatment of human being or any process for a similar treatment of animal to render them free of disease or to increase their economic value or that of their products is not an invention. . Example: A process for treatment of human suffering from malignant tumor by conducting an operation to remove the tumour.

Section 3(j)
Plants and animals in whole or any part thereof other than

micro-organisms but including seeds, varieties and species of plant and essentially biological processes for production of plants and animals are not an invention. Example : A new plant or an existing plant and transgenic animals.

k)
A mathematical or business method or a

computer programme per se or algorithms are not inventions and hence not patentable. Example: A mere Computer software.

Section 3(l)
A literary, dramatic, musical or artistic work or any

other aesthetic creation whatsover including cinematographic works and television productions is not an invention. Example: A text book in history.

Section 3(m)
A mere scheme or rule or method of performing mental

act or method of playing game is not an invention. Example: Rules for an indoor game.

Section 3(n)
A presentation of information is not an invention.

Example: Presentation of a paper through MS Power Point.

Section 3(o)
Topography of integrated circuit is not an invention.

Section 3(p)
An invention which in effect, is traditional

knowledge or which is an aggregation or duplication of known properties of traditionally known component or components is not an invention.

Example: A pharmaceutical composition containing turmeric as the active pharmaceutical ingredient useful for wound healing. This is not a subject matter for the grant of a patent as such use is already known in the Indian traditional system of medicine

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