NOT PATENTABLE INVENTIONS
There are some products and processes, which are not patentable in India They are classified into two categories in the patent act
a) Those which are not inventions (S.3)
b) Invention relating to atomic Energy (S.4)
Various types of non-patentable inventions under Section 3 are as follows-
3(a) An invention which is frivolous or which claims anything obvious contrary to well established natural laws.
Merely making in one piece, articles, previously made in two or more pieces is frivolous. Mere usefulness is not sufficient (Indian vacuum brake co. ltd vs. Laurd (AUR 1962 CAK 152).
Perpetual motion machine alleged to be giving output without any input is not patentable as it is contrary to natural law.
3(b) An invention the primary or 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
3(c) The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature;
3(d) 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.
Explanation- For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.
https://www.huaximould.com/product/crate-pallet-mould/
There are some products and processes, which are not patentable in India They are classified into two categories in the patent act
a) Those which are not inventions (S.3)
b) Invention relating to atomic Energy (S.4)
Various types of non-patentable inventions under Section 3 are as follows-
3(a) An invention which is frivolous or which claims anything obvious contrary to well established natural laws.
Merely making in one piece, articles, previously made in two or more pieces is frivolous. Mere usefulness is not sufficient (Indian vacuum brake co. ltd vs. Laurd (AUR 1962 CAK 152).
Perpetual motion machine alleged to be giving output without any input is not patentable as it is contrary to natural law.
3(b) An invention the primary or 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
3(c) The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature;
3(d) 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.
Explanation- For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy.
https://www.huaximould.com/product/crate-pallet-mould/
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