Invention under the Patents Act, 1970: Meaning and What Are Not Inventions
Introduction
The concept of invention forms the foundation of patent law. Only those creations that satisfy the legal requirements of novelty, inventive step, and industrial applicability are eligible for patent protection in India.
The definition and scope of invention are provided under the Patents Act, 1970. However, the Act also clearly specifies certain subject matters that cannot be treated as inventions and therefore are not patentable.
Meaning of Invention
Under Section 2(1)(j) of the Patents Act, 1970, an invention means:
“A new product or process involving an inventive step and capable of industrial application.”
Thus, three essential elements must exist:
(i) Novelty – the invention must be new.
(ii) Inventive Step – it must involve technical advancement or economic significance.
(iii) Industrial Application – it must be capable of being used in industry.
Judicial Interpretation
In Shining Industries v. Shri Krishna Industries, the court explained that invention means the application of intellect, skill, and inventive ability to produce a new product or process.
The definition of invention was further clarified after the Patent (Amendment) Act, 2002, which introduced the concept of industrial applicability as an essential requirement.
Earlier, invention was defined as any new and useful method related to arts, manufacture, machinery, or products produced through manufacturing processes.
Industrial Application
The term “capable of industrial application” means that the invention must be capable of being used in industry for practical production or commercial use.
In Vishwanath Prasad Radhey Shyam v. H.M. Industries, the Supreme Court observed that an invention must be capable of practical application in industry to qualify for patent protection.
___________________________________________________________________
What Are Not Inventions (Section 3)
Section 3 of the Patents Act, 1970 lists several subject matters that are not considered inventions.
1. Frivolous Inventions
Inventions that are contrary to well-established natural laws or are frivolous in nature are not patentable.
2. Inventions Against Public Interest
Inventions whose commercial exploitation is against public order, morality, or harmful to life and environment are not patentable.
These include inventions harmful to:
• Human beings
• Animals
• Plants
• Environment
• Public morality
• Public administration
• Wealth
3. Discovery of Scientific Principles
The following are not inventions:
• Discovery of scientific principles
• Discovery of natural phenomena
• Discovery of living or non-living things in nature
4. Mere Discovery of Known Substances
The following are not inventions:
• Discovery of a known substance in a new form without enhancement of efficacy.
• Discovery of new property or new use of an existing substance.
5. Mixture of Known Substances
If an invention merely involves mixing known substances without producing a new technical result, it is not considered an invention.
6. Rearrangement of Known Devices
Mere rearrangement or duplication of known devices, where each component works independently, is not patentable.
In Hindustan Lever Ltd. v. Godrej Soaps Ltd., the court held that combining known structures without producing a new functional result does not amount to invention.
7. Methods of Agriculture or Horticulture
Methods relating to agriculture or horticulture are excluded from patent protection.
8. Medical Treatment Methods
Methods for the treatment of humans or animals, including surgical, therapeutic, or diagnostic procedures, are not patentable.
9. Mathematical or Business Methods
The following are excluded:
• Mathematical methods
• Algorithms
• Business methods
10. Artistic and Literary Works
Works protected under copyright law are not inventions, such as:
• Literary works
• Dramatic works
• Musical works
• Artistic works
• Beauty Devices
• Cinematographic works
• Television productions etc.
11. Schemes and Game Methods
Methods involving:
• Mental acts
• Game strategies
• Business plans
are not patentable.
12. Presentation of Information
Mere presentation or arrangement of information is not considered an invention.
13. Traditional Knowledge
Any invention based entirely on traditional knowledge already known in society cannot be patented.
This includes:
• Traditional medicinal knowledge
• Known customary practices
14. Plants and Animals
Plants and animals in whole or in part, including:
• Seeds
• Species
• Biological processes for plant or animal production
are not considered inventions.
Atomic Energy Restriction
Under Section 4 of the Patents Act, inventions related to atomic energy cannot be patented if they fall within the scope of the Atomic Energy Act, 1962.
Summary Table
Conclusion
The concept of invention under the Patents Act, 1970 ensures that only genuine technological innovations receive patent protection. An invention must be new, involve an inventive step, and be capable of industrial application.
At the same time, the law excludes several subject matters from patentability to protect public interest, morality, traditional knowledge, and natural discoveries. This balance encourages innovation while preventing misuse of patent rights.
MCQs – Invention under the Patents Act, 1970
1. The definition of invention is provided under which section of the Patents Act, 1970?
A. Section 2(1)(j)
B. Section 3
C. Section 4
D. Section 10
Answer: A
2. An invention must involve which of the following elements?
A. Novelty
B. Inventive Step
C. Industrial Application
D. All of the above
Answer: D
3. Which amendment clarified the modern definition of invention in India?
A. Patent Amendment Act 1999
B. Patent Amendment Act 2002
C. Patent Amendment Act 2005
D. Patent Amendment Act 2010
Answer: B
4. Discovery of a scientific principle is:
A. Patentable
B. Not an invention
C. Patentable with permission
D. Patentable only in India
Answer: B
5. Methods of agriculture or horticulture are:
A. Patentable
B. Not considered inventions
C. Allowed after registration
D. Protected under copyright
Answer: B
6. Medical treatment methods for humans and animals are:
A. Patentable inventions
B. Not patentable under patent law
C. Protected by trademark
D. Allowed only for hospitals
Answer: B
7. Mere discovery of a new property of a known substance is:
A. Patentable
B. Not an invention
C. Always patentable
D. Allowed only for medicines
Answer: B
8. Which case explained industrial applicability of invention?
A. Vishwanath Prasad Radhey Shyam v. H.M. Industries
B. Donoghue v Stevenson
C. Kesavananda Bharati Case
D. Maneka Gandhi Case
Answer: A
9. Which section lists subject matters that are not inventions?
A. Section 2
B. Section 3
C. Section 5
D. Section 10
Answer: B
10. Inventions relating to atomic energy are restricted under:
A. Atomic Energy Act, 1962
B. Companies Act
C. Competition Act
D. Copyright Act
Answer: A
FAQs – Invention under Patent Law
1. What is the meaning of invention under the Patents Act, 1970?
- An invention means a new product or process involving an inventive step and capable of industrial application.
2. Which section defines invention in Indian patent law?
- Section 2(1)(j) of the Patents Act, 1970 defines the term invention.
3. What are the essential elements of an invention?
- The essential elements are novelty, inventive step, and industrial applicability.
4. What does industrial applicability mean?
- It means the invention must be capable of being used in industry for practical purposes.
5. Are discoveries patentable in India?
- No. Mere discoveries of scientific principles or natural phenomena are not patentable.
6. Are agricultural methods patentable?
- No. Methods of agriculture and horticulture are excluded from patent protection.
7. Are medical treatment methods patentable in India?
- No. Methods for treatment of humans or animals are not patentable.
8. What is traditional knowledge in patent law?
- Traditional knowledge refers to knowledge already known in society or passed through generations, which cannot be patented.
9. Can plants and animals be patented in India?
- No. Plants, animals, and their biological processes are not considered inventions.
10. Why are some inventions excluded from patent protection?
- Certain subject matters are excluded to protect public interest, morality, and natural discoveries.
0 Comments