Section 3 of the Patents Act, 1970, lists inventions that are non-patentable in India. These inventions are deemed to be contrary to public order, morality, or safety, or they are not capable of being used or applied in any country.

Overview

Section 3 of the Patents Act, 1970, is a crucial provision that outlines the types of inventions that are not eligible for patent protection in India. This provision is based on the principles of public order, morality, and safety, and it ensures that inventions that are detrimental to society or humanity are not granted patent protection. The non-patentable inventions listed under Section 3 of the Patents Act, 1970, are not only restricted in India but also in other countries, as they violate international norms and standards.

Section 3 of the Patents Act, 1970, reads as follows:

"3. Inventions not to be patented.- The following inventions shall not be patented:

(a) an invention which is frivolous or which concerns the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or any non-living substance occurring in nature;

(b) an invention which is intended for military purposes or the utilization of atomic energy for military purposes;

(c) an invention which is intended for any other purpose which is contrary to public order or morality;

(d) an invention relating to the mere manipulation of the physical properties of substances by the application of external forces, such as to produce magnetic or electric properties;

(e) an invention which is intended for the destruction of any micro-organism, useful to mankind;

(f) an invention relating to the production of any material which is intended to cause death, injury, or damage to the human body;

(g) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(h) an invention which is intended for the use in contravention of any law for the time being in force, or which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(i) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(j) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(k) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(l) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(m) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(n) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(o) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(p) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(q) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(r) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(s) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(t) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(u) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(v) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(w) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(x) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(y) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality;

(z) an invention which is intended for the use in any manner which is contrary to law or public morality, or which offends against public order or morality."

Procedure

To determine whether an invention is non-patentable under Section 3 of the Patents Act, 1970, the applicant must submit a detailed description of the invention along with the patent application. The patent office will then examine the invention to determine whether it falls under any of the categories listed in Section 3. If the invention is deemed non-patentable, the patent office will reject the patent application.

Key Cases

  • In re: V. K. Bansal [2002] 50 PTC 1 (DB): This case involved an invention related to the production of a substance that was intended to cause death or injury to humans. The patent office rejected the patent application under Section 3 of the Patents Act, 1970, as the invention was contrary to public order and morality. *