3. What are not inventions.-
The following are not inventions within the meaning of this
Act,-
(a) an invention which is frivolous or which claims anything
obviously contrary to well established natural laws ;
*[(b) an invention the primary or intended use or commercial
exploitation of which would be contrary to public order or
morality or which causes serious prejudice to human, animal
or plant life or health or to the environment;]
(c) the mere discovery of a scientific principle or the formulation
of an abstract theory *[or discovery of any living thing or
non-living substance occurring in nature];
**[(d) the mere discovery of a new form of a known substance
which does not result in the enhancement of the known efficacy
of that substance or 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.
Explanation.-For the purposes of this clause, salts, esters,
ethers, polymorphs, metabolites, pure form, particle size,
isomers, mixtures of isomers, complexes, combinations and
other derivatives of known substance shall be considered to
be the same substance, unless they differ significantly in
properties with regard to efficacy;]
(e) a substance obtained by a mere admixture resulting only
in the aggregation of the properties of the components thereof
or a process for producing such substance;
(f) the mere arrangement or re-arrangement or duplication
of known devices each functioning independently of one another
in a known way;
(g) Omitted by Patents (Amendment) Act, 2002, section 4;
(h) a method of agriculture or horticulture;
*[(i) any process for the medicinal, surgical, curative,
prophylactic *[diagnostic, therapeutic] or other treatment
of human beings or any process for a similar treatment of
animals to render them free of disease or to increase their
economic value or that of their products.]
*[(j) plants and animals in whole or any part thereof other
than micro-organisms but including seeds, varieties and species
and essentially biological processes for production or propagation
of plants and animals;
(k) a mathematical or business method or a computer programme
per se or algorithms;
(l) a literary, dramatic, musical or artistic work or any
other aesthetic creation whatsoever including cinematographic
works and television productions;
(m) a mere scheme or rule or method of performing mental
act or method of playing game;
(n) a presentation of information;
(o) topography of integrated circuits;
(p) an invention which, in effect, is traditional knowledge
or which is an aggregation or duplication of known properties
of traditionally known component or components.]
*[Modified and Clauses (J) to (P) inserted by Patents (Amendment)
Act, 2002, section 4]
**[Substituted by Patents (Amendment) Act, 2005, section
3]
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