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Advocate & Intellectual Property Attorney
Trade Marks | Patents | Copyrights | Designs

Manish M. Bhagnari

B.Com. & LL.B.



Patentable Subject Matter

In order to be eligible for patent protection, an invention must fall within the scope of patentable subject matter. Patentable subject matter is established by statute, and is usually defined in terms of the exceptions to patentability, the general rule being that patent protection shall be available for inventions in all fields of technology.

Subject matter which may be excluded from patentability includes the following:

   1.  Discoveries of materials or substances already existing in nature.
   2.  Scientific theories or mathematical methods.
   3.  Plants and animals other than microorganisms, and essentially biological processes for the             production of plants and animals, other than non-biological and microbiological processes.
   4.  Schemes, rules or methods, such as those for doing business, performing purely mental
        acts or playing games.
   5.  Methods of treatment for humans or animals, or diagnostic methods practiced on humans or           animals (but not products for use in such methods).

Inventions which cannot be patented

  1. Frivolous or claiming anything obviously contrary to established natural laws.

  2. Contrary to public order or morality or prejudicial to life or environment.

  3. Discovery of scientific principle or formulation or discovery of living or non-living                      substance.

  4. Discovery of new form or property or use of a known substance or of a new use of a             known process or machine or an apparatus not resulting in a new product.

  5. Substance obtained from admixture of known components resulting in only aggregation           of their properties.

  6. Mere rearrangement or duplication of known devices.

  7. A method of agriculture or horticulture.

  8. Medical treatment or procedure of humans or of animals.

10. Plants or animals or seeds and biological process of production or prorogation of these.

11. Mathematical or business method or computer programme or algorithm.

12. Artistic or aesthetic creation like literary or dramatic or musical or cinematographic or             television production.

13. Scheme or rule or method of performing any mental act or of a game.

14. Presentation of information.

15. Topography of integrated circuits.

16. Aggregation or duplication of known properties of components.

17. Inventions relating to atomic energy.