What inventions cannot be patented in India?

Chapter II, Section 3 of the Indian Patents Act stipulates what is not considered an invention under the law and is therefore not patentable in India:

  • inventions being frivolous or contrary to public order, morality, public health, the environment, etc.
  • scientific discoveries
  • mere discoveries of new forms of known substances
  • methods of agriculture or horticulture
  • diagnostic, therapeutic and surgical methods for the treatment of humans or animals
  • plants and animals other than micro-organisms
  • mathematical or business methods or computer programs per se or algorithms
  • literary, dramatic, musical or artistic work or any other aesthetic creation
  • schemes, rules or methods of performing mental acts or methods of playing games
  • presentations of information
  • topography of integrated circuits
  • traditional knowledge

Inventions relating to atomic energy are not patentable either.

For more information, see the Indian Patents Act and the Manual of Patent Office Practice and Procedure.

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