Journal of Intellectual Property Rights

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What Cannot be Patented in the Jurisdiction of India?


Affiliations
1 Department of Chemistry, Satish Pradhan Dnyanasadhana College, Thane - 400 604, Maharashtra, India

The exceptions to patentable inventions are reviewed and analyzed. These are Sections 3, 4 and 5 of The Patents Act, 1970. They are accompanied with examples that demonstrate that it is not sufficient for the inventions to satisfy just the three criteria of patentability. The working of an invention should also promote and address public order, social harmony, rights of farmers and public health concerns. Patentable inventions that concern us most are related to agriculture and human health. The Patent Laws while supporting inventors must also provide for equitable distribution of the benefits of the invention across all sections of the society. In the broader scheme of things, the laws governing what inventions can be patented and what cannot be patented should be in harmony with the provisions of the TRIPS Agreement administered by WTO.
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  • What Cannot be Patented in the Jurisdiction of India?

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Authors

Sonali Kokane
Department of Chemistry, Satish Pradhan Dnyanasadhana College, Thane - 400 604, Maharashtra, India

Abstract


The exceptions to patentable inventions are reviewed and analyzed. These are Sections 3, 4 and 5 of The Patents Act, 1970. They are accompanied with examples that demonstrate that it is not sufficient for the inventions to satisfy just the three criteria of patentability. The working of an invention should also promote and address public order, social harmony, rights of farmers and public health concerns. Patentable inventions that concern us most are related to agriculture and human health. The Patent Laws while supporting inventors must also provide for equitable distribution of the benefits of the invention across all sections of the society. In the broader scheme of things, the laws governing what inventions can be patented and what cannot be patented should be in harmony with the provisions of the TRIPS Agreement administered by WTO.