Patentable and Non-Patentable inventions.pptx

Patentable and Non-Patentable inventions

1. PATENTABLE AND NON-PATENTABLE INVENTIONS P:4 U:2 Vedanti S. Gharat Roll no.:- 09 M.Sc. Biotechnology part 1

2. INTRODUCTION A patent is an exclusive right granted by the government to the owner of the invention for a limited period to make, use, manufacture and market the invention. According to the  Patent Act (of India),  those that fall under the category of “Inventions” can be patented, as defined in  Section 2 (j)  of the Act which involves anything that is novel, capable of industrial application, and is not frivolous (subject-matters eligible for patentability). However , those that cannot satisfy such conditions (or restricts the scope of subject matters eligible for patentability) are non-patentable as mentioned in  Section   3 and Section 4  of the Act.

3. NON-PATENTABLE INVENTIONS Section 3 and Section 4  of the Patent Act is highly debatable and deals with the list of exclusions that are non-patentable that do not satisfy the above conditions. Following are not the “inventions” under the meaning of this act : (a) Inventions that are frivolous and contrary to natural laws. Inventions which are frivolous or contrary to well established natural laws. b) Inventions which go against public morality. Inventions in which the primary or intended use or commercial exploitation of which could be contrary to public order or morality (that is against the accepted norms of the society and is punishable as a crime) or which causes serious prejudice to human, animal or plant life or health or to the environment.

4. (c) Inventions that are a mere discovery of something that already exists in nature. The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living or non-living substances occurring in nature. (d) The mere discovery of a form already existing in nature does not lead to enhancement of efficacy. 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 . (e) Mere admixing of mixtures leading in the aggregation of properties are non- patentable. A substance obtained by a mere admixing of two or more mixtures resulting only in the aggregation of the properties of the components thereof or a process for producing such substance is not considered the invention.

5. (f) Mere aggregation or duplication of devices working in a known way is not an invention. The mere aggregation or re-arrangement or duplication of known devices each functioning independently of one another in a known way . ( h) Horticulture or agricultural method is non-patentable. A method related to agriculture or horticulture . (i) Medicinal, curative, prophylactic, diagnostic, therapeutic for treating diseases in human and animals are non-patentable. Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings 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 . (j) Essential biological processes for the production or propagation of animals and plants is not an invention. Plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals.

6. ( k) Simple mathematical or business or computer programs are not an invention. A mathematical or business method or a computer program  per se  or algorithms ; l) Aesthetic creation is not an invention. A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions . (m) Mental act, rule or method is not an invention. A mere scheme or rule or method of performing mental act or method of playing a game . (n) Presentation of information is non-patentable . (o) The topography of integrated circuits is non-patentable Such as semiconductors used in microchips are not patented.

7. (p) Traditional Knowledge is not an invention. An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of the traditionally known component or components. (q) Atomic-Energy inventions are non -patentable. Section 4  deals with inventions relating to atomic energy, that are also not patentable and that fall within sub-section (1) of section 20 of the Atomic Energy Act, 1962 .

8. PATENTABLE INVENTIONS An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application can be  patented . A Process- (method) Machine Article of manufacture Composition (of matter) A “new use” of one of the first four.

9. THRESHOLD REQUIREMENTS FOR PATENTS

10. T H A N K Y O U