Non-Patentable Subject Matter as per Indian Patent Act 1970 as amended so far

Non-Patentable Subject Matter as per Indian Patent Act 1970 as amended so far

1. Non-Patentable Subject Matter
Dr. Pankaj Kumar
DPIIT IPR Chair Prof.
IPR Consultant
www.linkedin.com/in/ipconsultant
1

2. Section 3 of the Indian Patent Act
Non-Patentable Subject Matter
•Purpose of Section 3: Defines boundaries of
patentability to protect public interest and prevent
misuse.
•Scope: Lists specific categories of inventions
excluded from patent protection.
•Significance: Ensures patents are granted only for
genuine innovation, not for natural phenomena or
traditional knowledge.
Photo by Tingey Injury Law Firm on Unsplash

3. Understanding Section 3
The Rationale Behind Exclusions
Preventing Abuse
Exclusions ensure patents are not
granted for trivial, harmful, or
unethical claims.
Protecting Commons
Keeps essential knowledge such as
natural laws, agriculture, and
traditional wisdom in the public
domain.
Encouraging Genuine Innovation
Directs patent protection toward real
technological advances that benefit
society.

4. Clause 3(a)
Frivolous Inventions or Contrary to Natural Laws
Scope
Prohibits patents for inventions that
are physically impossible or violate
natural laws.
Examples
Perpetual motion machines, faster-
than-light travel devices.
Rationale
Ensures patent law does not endorse
pseudoscience or impossibilities.

5. Clause 3(b)
Inventions Contrary to Public Order or Morality, Harmful Use
•Moral & Ethical Boundaries: Excludes inventions
that threaten public order, morality, or safety.
•Harmful Applications: Covers weapons of mass
destruction, harmful chemicals, or exploitative
technologies.
•Policy Rationale: Protects society by ensuring
patents do not legitimize dangerous or immoral
practices.
Photo by Mikael Seegen on Unsplash

6. Clause 3(c)
Mere Discovery of Natural Principles or Substances
•Exclusion Scope: Discovering natural laws,
substances, or minerals does not qualify as
invention.
•Examples: Discovery of a new plant species or
mineral is not patentable unless applied in a novel
process.
•Policy Rationale: Keeps naturally occurring
phenomena in the public domain for all to use.
Photo by Lucas Vasques on Unsplash

7. Clause 3(d)
New Forms or Uses of Known Substances Without Enhanced Efficacy
Evergreening Prevention
Prevents pharmaceutical companies
from extending monopolies by
making minor modifications.
Efficacy Requirement
New forms or uses must
demonstrate significant
enhancement in therapeutic efficacy.
Landmark Example
Novartis v. Union of India (2013)
upheld strict standards for drug
patents.

8. Clause 3(e)
Mere Admixture
Exclusion Scope
Simple admixture of known
substances that does not produce
synergistic effect is not patentable.
Examples
Mixing two known drugs or
chemicals without enhanced efficacy.
Rationale
Encourages only innovative
combinations with new properties or
effects.

9. Clause 3(f)
Mere Arrangement or Duplication of Devices
•Exclusion Scope: Simple arrangement or
duplication of known devices performing
independent functions is not patentable.
•Examples: A bucket with a torch attached, or
combining two unrelated tools without new
functionality.
•Policy Rationale: Promotes only combinations that
create new technical effects or synergistic results.
Photo by Jennifer Burk on Unsplash

10. Clause 3(g)
Omitted Clause (Deleted in 2002 Amendment)
•Historical Context: Originally excluded certain
subject matter, later deemed unnecessary.
•Amendment of 2002: Clause formally removed as
part of patent law modernization.
•Current Relevance: Not applicable today; serves as
a reminder of evolving IP frameworks.
Photo by Mille Sanders on Unsplash

11. Clause 3(h)
Methods of Agriculture or Horticulture
Exclusion Scope
Prevents patenting of methods
related to agriculture and horticulture
practices.
Examples
Ploughing techniques, irrigation
methods, crop rotation strategies.
Policy Rationale
Protects farmers’ knowledge and
ensures food production practices
remain accessible.

12. Clause 3(i)
Methods of Treatment for Humans or Animals
Exclusion Scope
Medical, surgical, therapeutic, and
diagnostic methods are not
patentable.
Rationale
Ensures healthcare professionals can
freely treat patients without patent
restrictions.
Examples
Surgical techniques, diagnostic
procedures, veterinary treatments.

13. Clause 3(j)
Plants, Animals, and Biological Processes (Except Microorganisms)
•Exclusion Scope: Plants, animals, and essentially
biological processes for their production are not
patentable.
•Exception: Microorganisms and microbiological
processes may be patented if novel and inventive.
•Policy Rationale: Protects biodiversity and prevents
monopolization of living organisms.
Photo by Dan Gold on Unsplash

14. Clause 3(k)
Mathematical/Business Methods & Software per se
•Exclusion Scope: Mathematical or business
methods and software programs 'per se' are
excluded from patentability.
•Rationale: Abstract ideas and algorithms are not
considered inventions under patent law.
•Practical Note: Software tied to novel hardware or
producing technical effect may still qualify.
Photo by Michael Geiger on Unsplash

15. Clause 3(l)
Literary, Musical, and Artistic Works
•Exclusion Scope: Artistic, musical, dramatic, or
literary creations are not patentable.
•Correct IP Category: Such works fall under
copyright law, not patent law.
•Policy Rationale: Preserves patents for technical
inventions while safeguarding creative expression
under copyright.
Photo by Pedro Barros on Unsplash

16. Clause 3(m)
Mental Acts or Methods of Playing Games
•Exclusion Scope: Methods involving purely mental
acts or rules for games are not patentable.
•Rationale: Intellectual skills and recreational
methods are public goods, not inventions.
•Examples: Chess strategies, puzzle-solving
methods, gaming rules.
Photo by Shirly Niv Marton on Unsplash

17. Clause 3(n)
Presentation of Information
Exclusion Scope
Schemes, rules, or methods for
presentation of information are not
patentable.
Rationale
Such presentations lack technical
contribution and remain non-
inventions.
Examples
Calendars, data charts, teaching
methods, information layouts.

18. Clause 3(o)
Topography of Integrated Circuits
Exclusion Scope
Designs and layouts of
semiconductor integrated circuits are
not patentable.
Correct IP Category
Such designs are protected under
the Semiconductor Integrated
Circuits Layout-Design Act, 2000.
Policy Rationale
Separates patent law from
semiconductor design rights,
ensuring proper protection regimes.

19. Clause 3(p)
Traditional Knowledge
Exclusion Scope
Traditional knowledge, including
folklore, indigenous remedies, and
cultural practices, is not patentable.
Rationale
Such knowledge belongs to
communities collectively and must
remain publicly accessible.
Examples
Turmeric’s healing use, neem’s
pesticide properties, Ayurvedic
formulations.

20. Indian Patent Act – Section 3
Understanding Patentability Exclusions
Purpose of Section 3
Defines subject matter excluded
from patent protection under Indian
law.
Policy Balance
Ensures patents promote innovation
without restricting public knowledge
or morality.
Learning Objective
Equip learners with a structured
understanding of what cannot be
patented in India.

21. Conclusion
Key Takeaways on Section 3 of the Indian Patent Act
Comprehensive Exclusions
Section 3 outlines subject matter that
is not patentable, ensuring clarity in
IP rights.
Balancing Innovation & Public
Interest
Maintains ethical, cultural, and
scientific boundaries while
encouraging genuine innovation.
Practical Understanding
Equips innovators, lawyers, and
policymakers with knowledge of
patent limits in India.

22. Section 3 –
Quick
Reference
Exclusions
under the
Indian
Patent Act
•3(a) Impossible inventions: No patents
for the impossible.
•3(b) Harmful to public: If it harms, it
can’t be patented.
•3(c) Natural discoveries: Discovery is
not invention.
•3(d) Known substances: Efficacy
matters, not evergreening.
•3(e) Mere admixture: Mixing ≠
inventing.
•3(f) Simple combinations: Simple
combination isn’t innovation.
•3(g) Omitted clause: History deleted,
not relevant now.
•3(h) Agriculture methods: Farming
know-how stays public.
•3(i) Medical treatment: Doctors treat
freely, not under patents.
•3(j) Plants & animals: Nature’s
creations aren’t patents.
•3(k) Abstract ideas: Abstract ideas ≠
inventions.
•3(l) Artistic works: Art belongs to
copyright, not patents.
•3(m) Mental acts/games: Mind games
can’t be monopolized.
•3(n) Presentation of info: Presenting
data isn’t invention.
•3(o) Circuit layouts: Chip layouts have
their own law.
•3(p) Traditional knowledge: Wisdom of
ages stays with all.