There are certain inventions that are not patentable under the sun. A patent is not granted if an invention is not new, useful, and non-obvious, as well as contrary to the parameters prescribed by the government of India if the invention does not meet these criteria.
If you have invented any new and useful process or machine, designed a new and useful manufacturing process or come up with a composition that is new and useful, you may be eligible for obtaining a patent under Indian patent law.
As far as patents are concerned, the basic obligation is that the inventions from all branches of technology, whether it is a product or process, will only be eligible for patent protection if they meet the following conditions:
The subject matter of a patent is patentable
The subject matter of the invention refers to what the inventor has chosen to invent as the focus of his or her invention. Inventors need to disclose the subject matter of their invention in order to receive patent protection. As far as the subject matter of the invention is concerned, it must not fall into any of the exceptions recognised by Indian courts namely: Natural laws, natural phenomena, and concepts that are abstract in nature.
In other words, if the subject matter of the invention does not meet the definition of what can be protected, the invention will be rejected for protection.
There must not be any of the following subject matter in the invention:
- Work in the fields of mathematics, business methods, poetry, music, and other artistic and literary works.
According to the Indian Patent Law, mathematical formulae or business methods are not patentable as per the Indian Patent Law. On the other hand, the same cannot be said for computer software’s, since if they are filed along with a new technology or together with a combination of hardware, they can be protected.
- Nature’s laws or substances that are naturally occurring in nature
It is not possible for a patent to be applied for merely upon the discovery of a scientific principle or the discovery of any known natural substance. In addition, an enhancement of a known process is not acceptable, unless the new product is a new resultant of the previously known process.
As per the given rule, for instance, it is not possible to patent any new use of the Jamun Plant or fruit.
- What is morality?
An invention would not be protected by a patent if it were considered immoral or contrary to the public order, harmful to human life or the environment, or harmful to human health.
This can be seen in the case where the patent office rejected the application of a sexual stimulation device. The patent examiner deemed the device to be ‘obscene’, and therefore the protection for the device was rejected.
- Agricultural or horticultural method used in the production of food
As a result of the invention of a new type of soil or the discovery of a new way to irrigate or cultivate rice, a patent will not be granted for this invention. According to Indian patent law, methods of agriculture or horticulture are not considered as inventions under the Indian patent law.
- Medico-therapeutic diagnostic and treatment process for medical, curative conditions
The subject matter of a patent will not include any therapeutic process that involves humans or animals as a part of the process. As can be seen in the following example, devices or apparatus can also be protected by patents, as in the following instance: