Patents can be granted for under Section 2(1)(j) for a new invention.
PATENT ACT 1970
WHAT CAN BE PATENTED? WHAT NOT CAN BE PATENTED?
According to “The Patent Act 1970” Invention means a new product or process involving an inventive step and capable of industrial application and “new invention“ means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art.
Inventive step is defined as feature of an invention that involves technical advancement as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
Industrial Application according to The Patent Act 1970, means that an invention is capable of being made or used in any kind of industry. (Utility).
Patents cannot be awarded for-
(a) an invention which claims anything in contrast to well established natural laws. For example a machine that has more than 100% efficiency.
(b) Biological warfare material or devices or weapons of mass destruction, the 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.
(c) the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature. For example, a microorganism discovered or isolated from nature cannot be patented,
(d) just the discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or only the 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. For example the discovery of new properties of a tulsi.
(e) a substance obtained by simply mixing two components resulting only in the aggregation of the properties of the components thereof or a process for producing such substance. For example- Combiflam [Paracetamol (antipyretic) + Brufen (analgesic)]. However, a mixture resulting into synergistic properties of components may be patentable.
(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way. For example- an umbrella with a torch.
(g) a method of agriculture or horticulture. For example the process of producing new form of a known plant. However agricultural equipments are patentable.
(h) any process for 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. For example- a process relating to surgery.
(i) 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. For example- a process for production of plants or animals if it consists entirely of natural phenomena.
(j) a mathematical or business method or a computer programme per se or algorithms. However a new calculating machine or a software that has a commercial value is patentable.
(k) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions. A copyright can be obtained for the same.
(l) an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.
(m) Inventions relating to atomic energy are not patentable. No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962.
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