INTRODUCTION

The Indian Patent Act plays a vital role in encouraging innovation and protecting inventor rights. However, not all inventions are eligible for patent protection. Sections 3 and 4 of the Indian Patent Act detail some subject matters excluded from patent protection. Section 3 and Section 4 are considered the gatekeeper provisions, defining the perimeter of the inventions that can be patented and ensuring that the right of exclusion is given only to those inventions that are truly new and useful.

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Section 3: Subject Matter Not Patentable

The following are considered non-patentable subject matters under Section 3:

a. Frivolous Invention: An invention which is contrary to well-established laws of nature and is patently impracticable.

b. Invention Contrary to Public Order, Morality, or Human, Animal or Plant Life: An invention whose commercial exploitation must be prevented to protect public order or morality or human or animal or plant life or health.

c. Mere Discovery: A scientific principle, abstract theory, discovery of any living thing or non-living substance occurring in nature.

d. New Form of Known Substance: Unless it results in the enhancement of the known efficacy of that substance, except when they result in a new product or employ a new reactant.

e. Mixtures: Except where they produce synergistic or combinatorial effect.

f. Arrangements of Known devices: Except those exhibiting interlinking features and displaying a new result.

g. Omitted

h. Methods of Producing Plants or Improving the Soil: Agricultural or horticultural methods.

i. Methods of Medical treatment: Including Surgical, curative, preventive diagnostic and therapeutic methods.

j. Plants, Animals, and Seeds: Except for genetically modified microorganisms.

k. Mathematical Methods, Business Methods, Algorithms, and Computer Programs: If they do not have a technical effect or are an improvement in technology.

l. Literary, Artistic, Dramatic, and Musical Works: They come under the Copyright.

m. Mental Acts, Schemes, Games, Methods of Teaching or Learning: They are mental processes.

n. Presentation of Information: It covers any manner of presenting information.

o. Topography: It comes under the Semiconductor Integrated Circuit Layout Design Act.

p. Traditional Knowledge: Mere aggregation or duplication of known properties of traditional components.

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Section 4: Atomic Energy Inventions

Section 4 absolutely excludes the inventions relating to atomic energy from patent protection. This exclusion is commonly based upon reasons of national security and public interest.

Key Takeaways:

• Sections 3 and 4 have provided a crystal-clear schema regarding what would constitute non-patentable subject matter in India.

• Understanding these exclusions is essential on the part of inventors and patent attorneys for not pursuing claims which are unlikely to be granted.

• This puts the emphasis on inventions which are not really new, not useful, or may create a hazard either in public safety or in national security.

CONCLUSION

With due diligence regarding the contents of Sections 3 and 4, inventors can pre-examine their own patent applications for congruence with the accepted patentability criteria and stand a better chance of success.

Author : H.N.Mallik, in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.