Under the Patents Act, 1970, the following are not considered as inventions and hence cannot be patentable.

1.An invention which is frivolous or which claims anything obviously contrary to well-established laws is not an invention Section 3(a).

• Inventions that are against natural laws

• Example: Any machine that gives output without input regarded as obvious and cannot be patented.

2.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 is not an invention section 3(b).

• Inventions that may be in conflict with or those significantly harm the human, animal, or plant life or the health or environment, by primary or planned use, or by commercial exploitation. 

• Example: Any device or method for gambling. The mere discovery of a scientific principle or the formulation of an abstract theory.

3.discovery of any living thing or non-living substance occurring in nature is not an invention section 3(c).

• Only finding something that already exists naturally in nature is a discovery and not an invention and cannot, therefore, be patented.

• Example: The actual discovery of a microorganism is not patentable.

4.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 is not an invention section 3(d).

• The fundamental discovery of new properties or uses of a known material is not patented unless it is, more effective than the original material.

• Example: 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.

5.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 is not an invention section 3(e).

• The mere introduction of mixtures is non-patentable unless this meets the synergistic effect Criteria.

• Example: the combination of two or more substances or agents to create a combined effect higher than the single effect.

6.The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way is not an invention section 3(f).

• A simple modification of different things previously known cannot be patentable without Producing a new outcome or document.

7.A method of agriculture or horticulture is not an invention section 3(h)

• A method of producing plants such as growing algae and mushrooms or improving soil is not an Invention and cannot be patented.

8.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 their products are not an invention section 3(i).

• Specific medical techniques for administering or injecting drugs, operating methods such as stitch -

free procedures, healing methods such as removing plagues, are not protected by the Invention and are

not patentable.

• But, medical instruments satisfying the criteria of patent, i.e., novelty, usefulness, and inventive step can be patented.

9.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 are not inventions. Section 3(j).

• Plants and animals in whole or in some part thereof, other than micro-organisms, but Including seeds, varieties and insects, and general biological processes for the growth or Propagation of plants and animals.

10.A mathematical or business method or a computer program per se or algorithms are not

inventions and hence not patentable Section 3(k).

• Any statistical estimate, any scientific reality, or any act of mental skills, any operation related to business practices or algorithms (which are like the law of nature) cannot be patented.

11.literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions is not an invention section 3(l).

• Activities such as poetry, drawing, sculpting, choreography, animation, all those related to Creativity cannot be patented.

12.A mere scheme or rule or method of performing mental act or method of playing the game is not

an invention. Section. Section 3(m).

• Playing games such as chess, Sudoku, etc. are not regarded as inventions, but those are brain exercises, therefore not patentable.

13.A presentation of information is not an invention Section 3(n).

• Mere knowledge presentation by tables, diagrams are not an invention and therefore are not patentable, such as train schedules, etc.

14.Topography of integrated circuits is not an invention section 3(o).

• For instance, semiconductors used in microchips are not patentable.

15.An invention which in effect, is traditional knowledge or which is an aggregation or duplication of (section 3(p)

• The known properties of traditionally known components are not inventions.

This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.