What Cannot Be Patented in India: Complete List with Examples

When people think of patents, they often imagine protecting “any new invention.” But the Indian Patent Act, 1970, is very specific about what is not patentable. Many ideas and creations—no matter how brilliant—cannot be patented in India. Understanding these exclusions is critical for inventors, startups, and businesses before they invest time and money in filing.

In this article, we’ll cover the complete list of non-patentable subject matter in India, along with practical examples to make each exclusion crystal clear.

Why Some Inventions Cannot Be Patented

Patents exist to encourage innovation that benefits society, but they must strike a balance. Some subject matter is excluded because:

• It lacks true novelty or industrial application.

• It belongs to the realm of natural discoveries or abstract ideas.

• It may harm public order, morality, or health.

• It already has protection under other IP laws (e.g., copyright for books, trademarks for logos).

The Complete List of Non-Patentable Inventions in India

1. Frivolous or Contrary to Natural Laws

Section 3(a): Inventions that are trivial or clearly violate natural laws cannot be patented.

• Example: A perpetual motion machine that claims to produce energy without fuel.

2. Inventions Against Public Morality or Health

Section 3(b): Anything harmful to public order, morality, animals, or the environment is excluded.

• Example: A gambling machine designed for underage use.

3. Discovery of Scientific Principles or Abstract Theories

Section 3(c): Discovering an existing principle of nature or a scientific theory is not patentable.

• Example: Discovering gravity or inventing a mathematical formula like E=mc².

4. Discovery of New Forms of Known Substances

Section 3(d): A new form of a known substance is not patentable unless it shows enhanced efficacy.

• Example: Making a crystalline version of an existing drug without improved therapeutic effect.

5. Mere Arrangement or Rearrangement of Known Devices

Section 3(f): Simply putting existing devices together without producing a new function is not patentable.

• Example: A chair with a built-in torch—both elements work independently.

6. Methods of Agriculture or Horticulture

Section 3(h): Agricultural methods are excluded from patentability.

• Example: A new method of growing mango trees.

7. Processes for Medical, Surgical, or Therapeutic Treatment

Section 3(i): Methods of treatment cannot be patented, though medical devices can.

• Example: A surgical technique for removing kidney stones (not patentable).

• Counter-example: A new surgical instrument (patentable).

8. Plants, Animals, and Biological Processes

Section 3(j): Plants, animals (whole or parts), seeds, and essentially biological processes are not patentable.

• Example: A genetically modified plant variety (protected under Plant Variety Act, not patent law).

9. Computer Programs per se and Algorithms

Section 3(k): Software by itself or mathematical methods are excluded.

• Example: A mobile app idea or an algorithm for sorting data.

• Counter-example: Software integrated with hardware that improves a technical process may be patentable.

10. Business Methods

Section 3(k) also excludes business and economic methods.

• Example: A new e-commerce revenue model.

11. Aesthetic Creations

Section 3(p): Works of art, music, or literature are not patentable—they fall under copyright.

• Example: A painting, sculpture, or novel.

12. Traditional Knowledge

Section 3(p): Knowledge that already exists in traditional or public domain cannot be patented.

• Example: Using turmeric for wound healing (already part of traditional medicine).

13. Presentations of Information

Section 3(m): Purely presenting information is not patentable.

• Example: A chart showing rainfall patterns.

Key Takeaway

India’s patent law is designed to protect true technical innovations, not abstract ideas, discoveries, or creations that already fall under other IP rights. Before filing a patent, it’s essential to check whether your invention is patentable subject matter under the Indian Patent Act.