A
PATENT IS A MONOPOLY RIGHT GRANTED
TO PERSON WHO HAS INVENTED A NEW
AND USEFUL ARTICLE OR AN IMPROVEMENT
OF AN EXISTING ARTICLE OR A NEW
PROCESS OF MAKING
AN ARTICLE.
INVENTIONS
PATENTABLE :-
ART,
PROCESS, METHOD OR MANNER OF
MANUFACTURE;
MACHINE,
APPARATUS OR OTHER ARTICLE;
SUBSTANCE
PRODUCED BY MANUFACTURE.
INVENTIONS
NOT PATENTABLE :-
FRIVOLOUS
OR OBVIOUS INVENTIONS.
INVENTIONS
WHICH WOULD BE CONTRARY TO
LAW OR MORALITY OR INJURIOUS
TO PUBLIC HEALTH.
MERE
DISCOVERY OF SCIENTIFIC PRINCIPLE.
MERE
DISCOVERY OF AN ABSTRACT THEORY.
MERE
DISCOVERY OF ANY NEW PROPERTY
OR NEW USE FOR A KNOWN SUBSTANCE
OR PROCESS OR APPARATUS --
UNLESS RESULTS TO NEW PRODUCTS
OR EMPLOYS ONE NEW REACTANT.
MERE
ADMIXTURES.
MERE
ARRANGEMENT / REARRANGEMENT
OF KNOWN DEVICES FUNCTIONING
INDEPENDENTLY.
METHOD
OR PROCESS OF TESTING APPLICABLE
DURING THE PROCESS OF MANUFACTURE
FOR RENDERING THE MACHINE
OR OTHER EQUIPMENT MORE EFFICIENT
FOR IMPROVEMENT / RESTORATION
OF THE EXISTING MACHINE OR
FOR THE IMPROVEMENT OF MANUFACTURE.
METHOD
OF AGRICULTURE OR HORTICULTURE.
ANY
PROCESS FOR THE MEDICINAL
OR OTHER TREATMENT OF HUMAN
BEINGS OR ANY PROCESS FOR
A SIMILAR TREATMENTS OF ANY
ANIMALS OR PLANTS TO RENDER
THEM FREE OF DISEASE OR TO
INCREASE THEIR ECONOMIC VALUE
OR THAT OF THEIR PRODUCTS.
INVENTIONS
RELATING TO ATOMIC ENERGY
SECTION
5 :-
INVENTIONS
WHERE ONLY METHODS OR PROCESSES OF MANUFACTURE
ARE PATENTABLE :
1 IN THE CASE OF INVENTIONS -
(A) CLAIMING SUBSTANCES INTENDED FOR USE,
OR CAPABLE OF BEING USED, AS FOOD OR AS
MEDICINE OR DRUG, OR
(B) RELATING TO SUBSTANCES PREPARED OR
PRODUCED BY CHEMICAL PROCESSES ( INCLUDING
ALLOYS, OPTICAL GLASS, SEMI-CONDUCTORS
AND INTER-METALLIC COMPOUNDS ),
NO PATENT SHALL BE GRANTED IN RESPECT
OF CLAIMS FOR THE SUBSTANCES THEMSELVES,
BUT CLAIMS FOR THE METHODS OR PROCESSES
OF MANUFACTURE SHALL BE PATENTABLE.
2 NOTWITHSTANDING ANYTHING CONTAINED IN
SUB-SECTION (1), A CLAIM FOR PATENT OF
AN INVENTION FOR A SUBSTANCE ITSELF INTENDED
FOR USE, OR CAPABLE OF BEING USED, AS
MEDICINE OR DRUG, EXCEPT THE MEDICINE
OR DRUG SPECIFIED UNDER SUB-CLAUSE (V)
OF CLAUSE (1) OF SUB-SECTION (1) OF SECTION
2, MAY BE MADE AND SHALL BE DEALT, WITHOUT
PREJUDICE TO THE OTHER PROVISIONS OF THIS
ACT, IN THE MANNER PROVIDED IN CHAPTER
1V -A i.e., THE CONTROLLER SHALL NOT REFER
THE APPLICATION TO AN EXAMINER FOR MAKING
A REPORT TILL THE 31ST DAY OF DECEMBER,
2004.
REQUIREMENTS
FOR FILING THE PATENT IN INDIA :-
FULL NAME, ADDRESS & NATIONALITY
OF APPLICANT (S) AND INVENTOR (S).
SPECIFICATION
, PROVISIONAL / COMPLETE DRAWINGS
, CLAIMS AND ABSTRACT.
LIST
OF COUNTRIES TO CLAIM PRIORITY , IF
ANY, WHERE THE APPLICATION / APPLICATIONS
FOR THE GRANT OF PATENT HAS / HAVE
BEEN FILED , ALONGWITH DATE AND APPLICATION
NUMBER.
