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Section 3 of Indian patents Act defines as non patentable invention.


· an invention which is frivolous or which claims anything obvious contrary to well established natural laws;


· an invention the primary or intended use of which would be contrary to law or morality or injurious to public health;


· the mere discovery of a scientific principle or the formulation of an abstract theory;


· the mere discovery of any new property of 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;


· 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;


· the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;


· a method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture;


· a method of agriculture or horticulture;


· any 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;


· plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;


· a computer programme per se other than its technical application to industry or a combination with hardware;


· a mathematical method or a business method or algorithms


· a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works or television productions;


· a mere scheme or rule or method of performing mental act or method of playing game;


· a presentation of information;


· topography of integrated circuits;


· an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components;


Further, Section 4 of Patents Act provides that No patent shall be granted in respect of an invention relating to atomic energy.


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