Composition patents are critical in industries such as pharmaceuticals, chemicals, and materials science, where innovative mixtures of substances lead to new and useful products. In India, obtaining a patent for a composition involves satisfying specific requirements laid out under the Indian Patent Law, particularly focusing on aspects like novelty, inventive step, sufficient disclosure, and ensuring that the patent does not fall under certain prohibitive sections, including Section 3(e). This blog post delves into these requirements in detail, along with relevant examples, to provide a comprehensive understanding of what it takes to secure a composition patent in India. Novelty: The Foundation of Patentability Example: Suppose a company develops a new adhesive composition that includes a novel combination of a known polymer and a specific ratio of a curing agent. If no previous patent or publication describes this exact combination, the composition is considered novel. However, if a prior patent or research…

The Indian Patents Act, 1970, outlines the framework for granting patents and specifies the types of inventions that are patentable in India. A crucial aspect of this Act is Section 3, which enumerates various categories of inventions that are not patentable. Understanding these exclusions is essential for inventors, legal practitioners, and businesses seeking patent protection in India. This article delves into the intricacies of Section 3, highlighting the non-patentable subject matter and providing insights into the rationale behind these exclusions. Section 3 of the Indian Patents Act, 1970 Frivolous or Contrary to Natural Laws (Section 3(a)) Inventions that are frivolous or claim something obviously contrary to well-established natural laws are not patentable. Example: A machine claimed to generate energy without any input (a perpetual motion machine) would be excluded from patentability because it contradicts the law of conservation of energy. To become patent-eligible, the invention could be modified to operate…