Implications Of Section 3(d) Of The Patents Act

An invention has to satisfy the conditions of Novelty, Inventive step, and Industrial Applicability in order to be patentable in India, just like any other jurisdiction. However, along with the said pre-requisites, the Indian Patent Law provides an additional bar to the patentability of inventions by defining non-patentable subject matter under Section 3 of the Indian Patents Act. Therefore, in India, the inventions should not only be novel, inventive, and industrially applicable but also should not attract any of the provisions of non-patentability laid down in Section 3 of the Patents Act in order to be patentable. The subject article particularly discusses the imposition of Section 3(d) of the Patents Act on chemical and pharmaceutical inventions.