Are Inventions Against Natural Laws Patentable in India?
- 5 days ago
- 2 min read
The Indian patent system encourages inventions and grants patents only when strict legal and scientific standards are met. The Indian Patents Act not only mentions what is patentable, but also says what inventions are non-patentable, and one such exclusion is under section 3(a).
What does Section 3(a) state and what does it mean?
Section 3(a) states that “an invention which is frivolous or which claims anything obviously contrary to well established natural laws” doesn’t qualify to be patentable. In other words, an invention cannot be patented if it contradicts universally accepted natural laws or lacks scientific and technical merit.
What importance does Section 3(a) hold?
Section 3(a) protects genuine technological advancements rather than scientifically unrealistic concepts, thereby allowing inventors to focus on inventions with real industrial and commercial potential. It doesn’t discourage unconventional or breakthrough technologies, but is against inventions that are inconsistent with well-established natural laws.
How is Section 3(a) applied during patent examination?
The Indian Patent Office may raise an objection while examining a patent application under Section 3(a) if inventions are scientifically or technically impossible. For inventions that are backed by related experimental data, technical explanations, and scientific principles, objections under Section 3(a) are uncommon.
What do patent applicants have to keep in mind?
Applicants must ensure that their inventions are technically sound, in line with well-established natural laws, and backed with all necessary experimental data. The inventions must not only be novel, but must also involve an inventive step and have industrial applicability, in addition to not falling under any of the provisions of Section 3.
How We Can Help
We, at Quadriga, assist our clients in evaluating patentability, preparing patent applications, responding to examination reports, and navigating the different facets of the entire patenting lifecycle. We help our clients in securing strong patent protection by identifying possible issues at a nascent stage and suggesting workarounds, to minimise downstream problems.
