Patentable Subject Matter in India

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Inventions: Under Indian patent law, an invention is defined as a new product or process involving an inventive step and capable of industrial application. To be patentable, an invention must meet these three criteria:

• Novelty: The invention must be new and not previously known to the public.

• Inventive step: It should not be obvious to a person skilled in the art.

• Industrial applicability: The invention should be capable of being made or used in industry.

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Types of Patentable Inventions:

• Products: New and non-obvious physical objects or compositions.

• Processes: Novel methods or procedures for making products or achieving results.

• Improvements: Significant enhancements to existing products or processes.

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Specific Invention Areas:

• Chemical compounds and compositions

• Mechanical devices and machines

• Electrical and electronic inventions

• ICT Domain Invention

• Biotechnological inventions (with some restrictions)

• Computer-related inventions (with limitations)

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Excluded Subject Matter:

The Indian Patents Act, 1970 (as amended) specifically excludes certain subject matter from patentability under Section 3.

 

These exclusions include:

1. Discoveries of natural phenomena or scientific principles.

2. Abstract ideas, theories, or mathematical methods.

3. Literary, dramatic, musical, or artistic works (these are protected under copyright law).

4. Schemes, rules, or methods for performing mental acts, playing games, or doing business.

5. Mere presentation of information.

6. Traditional knowledge or aggregation/duplication of known properties of traditionally known components.

7. Inventions that are contrary to public order or morality.

8. Methods of agriculture or horticulture.

9. Plants and animals in whole or any part thereof, other than microorganisms, but including seeds, varieties, and species.

10. Essentially biological processes for the production of plants or animals.

11. Mathematical or business methods and computer programs per se.

12. Algorithms or mere computer programs.

13. Methods of medical treatment for humans or animals.

14. Inventions related to atomic energy.

15. Mere arrangement, rearrangement, or duplication of known devices, each functioning independently.

16. Mere admixture resulting only in the aggregation of properties of components.

17. Inventions claiming substances obtained by mere admixture resulting only in the aggregation of properties of components thereof.

18. Processes for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic, or other treatment of human beings or animals.

19. Inventions which are frivolous or claim anything obviously contrary to well-established natural laws.

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It's important to note that while some of these exclusions seem absolute, there can be nuances in their interpretation. For example, while computer programs per se are not patentable, computer-related inventions that demonstrate technical effect or technical advancement may be considered for patents.

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The Indian patent system aims to balance the promotion of innovation with the public interest, leading to these specific inclusions and exclusions in patentable subject matter. Inventors and patent applicants should carefully consider these guidelines when seeking patent protection in India.