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ARTICLE · 19 NOVEMBER 2015

Non Patentable Subject Matter - Laws Of Nature

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In one of the case delivered by the Supreme court of United States in the year 2012, the court states that the "laws of nature, natural phenomena, and abstract ideas" are not patentable subject matter.

IndiaIntellectual Property

INTRODUCTION

In the Patent system, natural laws are not patentable. Many countries having established Patent laws denied the natural laws as patentable subject matter. In Indian Patents laws, sub clause (a) of section 3 clearly states that the invention which claims anything obviously contrary to well established natural laws is not patentable. Also in the United States patents laws under 35 U.S.C. § 101, the claims which relates to the natural laws are not patentable. According to the USPTO, all claims (i.e., machine, composition, manufacture and process claims) reciting or involving laws of nature/natural principles, natural phenomena, and/or natural products should be examined. The examiner will determine whether a claim reflects a significant difference from what exists in nature and thus is eligible, or whether a claim is effectively drawn to something that is naturally occurring1. Thus inventions which are fully or partially related to the natural laws/ natural

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