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Patents

What is a PATENT?
A Patent is an exclusive right granted by a government to an inventor or their assignee for a limited specific period of time in exchange for the public disclosure of an invention.

It is a territorial right for which the procedure and requirements for granting a patent vary widely between countries according to national laws and international agreements.

Prerequisites to obtain a Patent
An invention must satisfy the three main requirements for a patent are:
1. Novelty
2. Non-obvious and
3. Useful or Industrially applicability

What is not Patentable?
According to the Indian Patents Act 1970, Section 3 and 4 describe the non-patentable inventions in India as:

  1. An invention which is frivolous or which claims anything obvious or contrary to the well established natural law. An invention, the primary or intended use of which would be contrary to law or morality or injurious to public health 3(b) An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment

  2. An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment

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

  4. 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. 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

  6. The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way.

  7. A method of agriculture or horticulture.
    A method of producing a new form of a known plant even if it involved a modification of the conditions under which natural phenomena would pursue their inevitable course is not patentable. (N.V. Philips Gloeiammpenfabrieken's Application 71 RFC 192).

  8. Any process for the medicinal, surgical, curative, prophylactic diagnostic therapeutic or other treatment of human being 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.

  9. A mere scheme or rule or method of performing mental act or method of playing game;

  10. A presentation of information

  11. Topography of integrated circuits;
    Inventions Relating To Atomic Energy (S.4)
    “No Patent shall be granted in respect of an invention relating to atomic energy falling within subsection (1) of section 20 of the Atomic Energy Act, 1962

Procedure for Patent Registration:
 

   

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