Subject Matter of Patents

The subject matter of patents under the Patents Act, 1970 in India defines what can and cannot be patented. Here’s a breakdown:

Patentable Subject Matter:

1. Inventions:

   • Definition: An invention must be new, involve an inventive step, and be capable of industrial application.

   • Examples:

     • Products: New chemical compounds, machines, manufactured articles.

     • Processes: New methods of manufacturing, processes in biotechnology or chemistry, methods of treatment for non-human beings.

     • Apparatus: Devices or tools with new functional features.

2. Biotechnological Inventions:

   • Examples: Genetically modified organisms, DNA sequences with identified function, new biological processes.

3. Software-Related Inventions:

   • Conditions: While pure algorithms or software per se are not patentable, computer programs with technical application or effect can be patented. The software must produce a “technical effect” beyond just running on a computer.

Non-Patentable Subject Matter:

The Act explicitly excludes certain categories from patentability under Sections 3 and 4:

1. Inventions Contrary to Public Order or Morality:

   • Examples: Inventions whose exploitation would be contrary to public order or morality, like certain sex toys or methods of causing harm.

2. Discoveries of Scientific Principles or Mathematical Methods:

   • Reason: These are not considered inventions but natural or abstract phenomena.

3. Mere Discovery of a New Form of a Known Substance:

   • Exception: Unless there’s a significant enhancement in known efficacy for pharmaceutical substances (Section 3(d)).

4. Substances Obtained by Mere Admixture:

   • Exception: Unless there’s a synergistic effect not present in the individual components.

5. Methods of Agriculture or Horticulture:

   • Reason: To prevent monopolies over traditional farming practices.

6. Processes for Medicinal, Surgical, Curative, Prophylactic, Diagnostic, Therapeutic or Other Treatment of Human Beings:

   • Exception: Devices or instruments for such treatments can be patented; only the methods themselves are not.

7. Plants and Animals in Whole or Any Part Thereof Other Than Microorganisms:

   • Exception: Microorganisms and non-biological and microbiological processes are patentable.

8. Traditional Knowledge or Aggregation or Duplication of Known Properties of Traditionally Known Component:

   • Reason: To prevent biopiracy and ensure traditional knowledge remains in the public domain or is protected under different mechanisms.

9. Literary, Dramatic, Musical or Artistic Works or Any Other Aesthetic Creation:

   • Note: These are protected under copyright law, not patent law.

10. Mere Scheme or Rule or Method of Performing Mental Act or Method of Playing Game:

    • Reason: These are abstract concepts or human activities not considered inventions.

11. Presentation of Information:

    • Example: A new way to display data on a screen might not be patentable if it’s just about presentation without a technical contribution.

12. Topography of Integrated Circuits:

    • Note: Protected under a different legal framework.

Additional Considerations:

• Patentability in Practice: Even if an invention falls within a patentable category, it must still meet the patentability criteria of novelty, non-obviousness, and industrial applicability.

• Interpretation: The interpretation of what constitutes an invention or not can be nuanced, often leading to legal debates and case law.

• Evolving Standards: As technology evolves, so does the interpretation of what can be patented, especially in areas like biotechnology, software, and AI.

This framework ensures that only genuine innovations that contribute to technological advancement receive patent protection while keeping certain areas open for public use or under different forms of IP protection.