What Can Not Be Patented in India?

In India, novel and non-obvious innovations with industrial applications are patentable. The term "patent" is defined in the Indian Patent Act as any patent granted under this Act. Instead, it has only provided for non-patentable inventions, as defined in Chapter III of the Act.

Any invention, regardless of whether it meets the novelty, utility, and non-obviousness tests, is not patentable if it meets any of the criteria in Sections 3 and 4.

Section 3 of the Indian Patent Act specifically lists sixteen exclusions from patentability in India.

• Contrary to natural laws: A frivolous invention or one that violates natural laws is not patentable.

This clause states that a perpetual motion machine or a machine with more than 100% performance cannot be patented.

• Contrary to public: A patentable invention is one whose commercial exploitation is contrary to public order and morality, or which causes serious harm to humans, animals, plants, or the environment.

As a result, a housebreaking device or a gambling machine cannot be granted a patent.

• An application that allows one to hack into the email accounts of others is also not patentable.
• Terminator gene technology cannot be patented because it endangers animal and plant life as well as the environment.
• Only genetically modified microorganisms not covered by section 3 (b) are patentable.