Obtaining a patent has always been considered one of the factors for successful business or an enterprise. It has been connected to the monetary benefits of the business and hence, everybody wishes to obtain a patent. While there is so much rush for patenting inventions, there are a few restrictions on what cannot be patented in India. The Indian Patents Act is the statutory authority that guides on the rules and regulations regarding patents.
Specifically, section 3 of the Patent Act talks about inventions that cannot be patented. We should always keep in mind that not everything can be patented. For example, a mere discovery of a scientific principle cannot be patented. Any invention that claims something contrary to the laws of the nature Any invention that claims something which is contrary to the law or morality or is injurious to public health. Discovering new property or substance or a new way of using something cannot be patented.
Also, a substance obtained by mixing two substances and resulting in a creation of a new one cannot be said to be an invention and hence cannot be patented. Arrangement or rearrangement or duplication of known devices, each functioning independently of one another in a known way is also not patentable. Any new method of agriculture or inventions relating to atomic energy or any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or animals cannot be patented.
In addition, any animal or plant discovery can also not be patented Any mathematical or business method or a computer program per se algorithms cannot be patented. If you prepare a presentation or gather some information about anything, that is also not patentable. Moreover, the typography of integrated circuits also cannot be patented. If you perform magic tricks or play games, or perform a mental act and prepare a scheme or rule, that also cannot be patented.
Furthermore, any literary, dramatic works or music or artistic works, cinematographic works, television productions and any other aesthetic creations will also not be patentable. An invention that is a way of doing things in a traditional manner, or comprises traditional knowledge cannot be patented under the Patents Act. Though the list of things mentioned hereinabove cannot be patented under the Act, they definitely can seek protection under the relevant other Intellectual Property Acts such as the Copyright act, trademark Act, Geographical Indications Act etc.