An Interpretation On Section 3(b) Of The Patents Act, 1970

The Indian Patents Act, 1970, serves as the cornerstone of India's patent regime, delineating what constitutes a patentable invention. Among the various provisions of Section 3 of the Indian Patent Act, 1970, Section 3(b) stands out as a critical determinant in assessing the patentability of inventions. This section excludes from patentability inventions that are "primarily or intended to be used" for certain purposes, such as the "commercial exploitation of which" would be detrimental to public health, the environment, or animal and plant life. The interpretation and application of this provision have been the subject of judicial scrutiny.

Section 3(b) states that

"An invention the primary or intended use or commercial exploitation of which could 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 patentable.