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…

Introduction The advent of Non-Invasive Prenatal Testing (NIPT) has revolutionized prenatal diagnostics, enabling expectant parents to assess the genetic health of the fetus without invasive procedures. However, the eligibility of such diagnostic methods for patent protection, especially in light of Section 3(i) of the Indian Patent Act, 1970 (as amended) has been a subject of considerable legal debate. This article provides a detailed exploration of the Hon’ble Madras High Court’s judgment in the matter of The Chinese University of Hong Kong Knowledge Transfer Office and Sequenom, Inc vs The Assistant Controller of Patents & Designs[1], shedding light on the technical and legal aspects that guided the court’s decision-making process. Non-Invasive Prenatal Testing (NIPT) Non-Invasive Prenatal Testing (NIPT) involves analyzing cell-free fetal DNA present in the maternal bloodstream to detect genetic abnormalities in the fetus. Unlike traditional prenatal testing methods that carry inherent risks, NIPT offers a safer and more accurate…