Non Patentable Inventions Under The Indian Patent Act

Sections 3 and 4 of the Indian Patent Act define innovations and discoveries that are not patentable. Understanding the breadth of exclusions from patentability is critical for inventors and businesses seeking intellectual property rights in India. This article examines the primary types of innovations that have been determined to be non-patentable under the requirements of the Indian Patent Act.

It focuses on the exclusions of mathematical approaches, computer programs, incremental medicinal advancements, and conventional knowledge. Relevant case laws that have questioned the meaning and bounds of these legislative exclusions are examined. The study tries to clarify the subject matter that is not patentable in light of the balanced goals of the Indian Patent Act.