Claims relating to chemical composition have to always face an
objection by the Indian Patent Office (IPO) that claims are
statutorily non-patentable under the provision of clause (e) of
Section 3 because the subject matter of the claims fall under the
provision of section 3(e) of the Patents Act, 1970 (hereinafter the
Act) as it relates to a known composition or mere admixture of
known components which does not involve any synergistic effects.
Therefore claims are not allowed u/s 3(e) of the Act.
To overcome this objection and obtaining patent for invention
related to chemical composition in India, it is important to
understand, Section 3(e) of the Act, which specifies what not
inventions are. Sub-section (e) of Section 3 provides that, 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 considered as an invention unless the functional
