What is not Patentable?

A quick Hack

What you cannot patent?

Non-patentable inventions are the ones whose commercial utility defies natural laws, principles, morality or hampers the public health. Also, the invention which in no way adds to the amplification of the potency of a known mechanism, device or a new property to an existing theory.

Some practical instance to get a clear view of patentability
  • The clinical and surgical instruments and various related products in medical practices are patentable but the method itself is non patentable. Also, the genetically modified units are patentable whereas human cloning is unethical and non-patentable.
  • In software and business, the invention that includes some computer program, are patentable. But if just the plan/ idea of making a computer program, method or some rules for a business shall not be considered as patentable.
  • When a machine is made it cannot guarantee its perpetual motion endlessly, so these are non-patentable.
  • An invention that is contrary to morality or the efficient functionality of the social norms and values are non-patentable.

Patentability Hacks and Rules

All countries and organizations around the world have their set of rules on patent rights. Here we are going to focus on the rule book of our country that differentiates what can be patented or not patented. Talking about hacks for patentability check, one can peep into “The Indian Patent Act 1970” of our country where the subject matter of patentability is broadly described under Section 3.

What does not qualify patentability.

Now let’s dive into the rule to know which does not qualify patentability. Below are mentioned around 15 rules of the Act: –Any invention that is in contradiction to ingrained natural laws.

Any invention that potentially exploits ethics or has serious repercussions on people or environment.

Discovery of revised form of a pre-discovered material which does not add to the efficiency of the material.

Products obtained from a co-mixture combination that results in a combination of properties of source components or from the producing method is non-patentable.

Discovery of scientific principles or formulae on an existing device is non-patentable. It goes the same for any discovery of living and non-living things.

Products resulting from combining two different technologies which work individually and not in sync with each other is not patentable.

Discovery of a technique in the field of agriculture or horticulture is not patentable.

Any treatment processes like diagnostic, therapeutic, prophylactic, surgical, curative, medication provided to human beings or the same kind of treatment for animals that cures diseases or raises their value or that of the products is not patentable.

Performing mental acts like teaching, learning or playing games is not patentable.

A presentation design to share some kind of information is non patentable.

Expression of information (speaking, visual display, symbols, diagrams, recording) are not patentable.

Inventions that are derived from traditional knowledge which is an aggregation of known properties and components is not patentable.

Algorithms, computer programs, business methods, mathematical equations are not patentable. But if a computer program with technicalities combined with hardware is patentable.

Micro-organisms are patentable if they obey all the patent rights that is its novelty, validity. Plant, animal species, seed varieties are not patentable.

All electronic equipment has integrated circuits, so the topography of integrated circuits is not patentable.

Conclusion

One should go by the above stated hacks before filing a patent application so that they can save the valuables that would be spent in further proceedings to create the final invention.

Categories: Patent, Advantage Tags: #services, #trends

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About The Author

Patent research analyst and strategist. Provides key analytical support to inventors, scientists, developers, designers, creators and/or R & D organization for protection of innovations and commercialization of technologies, enforcing patent rights and advising on complex techno-legal matters.

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