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Author Topic: What are not inventions under the Patents Act, 1970 ?  (Read 2564 times)

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amit

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What are not inventions under the Patents Act, 1970 ?
« on: February 10, 2012, 08:48:53 PM »
The following are 'not inventions within the meaning of this Act:
# An invention which is frivolous or which claims anything obviously contrary to well established natural laws for instance perpetual motion.

# An invention the primary or intended use of which would be contrary to law or morality (for instance, an apparatus for gambling or an appliance for burgling houses or method of adultering food) or injurious to public health.

# The mere discovery of a scientific principle or the formulation of an abstract theory.

# 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.

# A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process of producing such substance

#  The mere arrangement or rearrangement or duplication of devices each functioning independently of one another c in a known way for instance meat mincing machine in combination, with packing machine each functioning independently of one another.

#  A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for, the improvement or control of manufacture,

#  A method of agriculture or horticulture for instance a method of treating soil for the purpose of agriculture.
i
#  Any process for the medicinal, surgical, curative, prophylactic, or other treatment of human being or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products. (The philosophy behind this clause is that the treatment of human beings and animals should not be made a subject of monopoly).

The Patent Act, 1970 does not recognize product patents in the field of. pharmaceutical and agrochemicals. We have placed ourselves under the TRIPS obligation of recognizing product patent in these two categories also, however such product patents was granted only after January 1, 2005. The Amendment of the Patents Act in 1999 has, recognized the Exclusive Marketing :Rights, (EMRS) in substances intended for use or capable of being used as food, medicine or drug

 

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