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What Cannot Be Patented in India?

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Manikandan
What Cannot Be Patented in India?

As per Sections 3 and 4 of the Indian Patent Act, the following innovations are not patentable in India:


An invention that is frivolous or trivial

An invention that claims anything obviously contrary to well established natural laws

The mere discovery of a scientific principle

Moreover, an invention whose primary goal or intended use is contrary to law or morality or is injurious to public health

The formulation of an abstract theory

Further, 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

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

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

Similarly, the mere arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way

A method of agriculture or horticulture

Some more innovations that are not patentable in India:

Inventions relating to atomic energy

Any process for the medicinal, surgical, curative, prophylactic, or any other type of treatment of people or animals or other creatures

Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties, and species and essentially biological processes for production or propagation of plants and animals

A mathematical or business method or a computer programme per se or algorithms

Likewise, a literary, dramatic, musical, or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions

Similarly, a mere scheme or rule or method of performing a mental act or method of playing a game

Presentation of information

Topography of integrated circuits

An invention which in effect is traditional knowledge or is based on the properties of traditional knowledge.

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