Who cannot qualify as a patent?
According to the present patent laws the followings are not to be qualified as patents.
(i) AN invention which is frivolous or which claims anything obvious or contrary to the well established natural law. An invention, the primary or intended use of which would be contrary to law or morality or injurious to public health;
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(ii) A discovery, scientific theory or mathematical method
(iii) A mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant
(iv) 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;
(v)A mere arrangement or re-arrangement or duplication of a known device each functioning independently of one another in its own way;
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(vi) A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacturer;
(vii) A method of agriculture or horticulture;
(viii) A method or process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products;
(ix) AN invention relating to atomic energy falling under the Atomic Energy Act, 1962;
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(x) Process patent in respect of food, medicine or drug, and not product patent thereof. However, in respect of substance itself intended for use or capable of being used as medicine, or drug, except chemical substances which are ordinarily used as intermediate, patent can be granted in the manner provided in the patent law;
(xi) IN respect of substances produced by chemical process including alloys, optical glass, semi conductors and inter-metallic compounds, patents are granted only for the process of manufacture but not for the substance thereof.
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