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General Information

What is non-patentable in India

  • Frivolous claims contrary to well-established natural laws
  • Anything contrary to law or morality, or injurious to public health
  • Mere arrangement or rearrangement 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
  • Inventions related to atomic energy
  • Computer software
  • Aesthetic creations
  • Discoveries, scientific theories, mathematical methods
  • Schemes, rules or methods for performing mental acts playing games or doing business
  • Presentation of information
  • Methods of treating humans or animals through surgery, or therapeutical diagnostics
  • Animals and plants, and biological methods for rearing/growing them(however, microorganism is patentable in India
  • Products made by chemical synthesis_foods, medicines

Source : Gearing up for Patents:The Indian Scenario by Prabudha Ganguli, Universities Press (India) Limited, 1998.

Invention

An invention may be defined as the idea of making a new and useful article, method or substance. The WIPO Model Law for Developing Countries on Inventions (1979) defines invention 'as an idea of an inventor which permits in practice the solution of a specific problem in a field of technology.' The basic root of the word 'invention' comes from the Latin word 'invenire' which means 'to come upon'. With most inventions there is a sense of surprise. There may be many reasons for making invention. The most obvious ones are:

  • For personal satisfaction
  • For solving a problem faced in everyday life
  • For being recognised by others
  • For the desire to take up a challenging/interesting task
  • For the desire to make money

MOTOROLA SUED BY APPLE OVER LICENSING WIRELESS PATENTS

Apple Inc., the consumer electronics giant has sued Motorola Mobility Inc. in the U.S. District Court, Southern District of California, claiming that its iPhone 4S is protected under a license agreement from Qualcomm Inc. Apple is attempting to defend against future injunctions from Motorola. Apple claimed protection from such court orders because of its rights as a customer of Qualcomm, whose chips are licensed by Motorola
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RAMBUS AND NVIDIA SIGN PATENT LICENSE AGREEMENT

Rambus Inc., one of the world's foremost technology licensing companies and NVIDIA, the leader in visual and parallel computing, have signed a patent license agreement covering a broad range of integrated circuit products.

The agreement the term of which is five years covers the use of Rambus patented innovations in a broad range of integrated circuit (IC) products offered by NVIDIA. The two companies have settled all outstanding disputes, including resolution of disputes relating to use of Rambus' patented innovations..
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FILM 'JODI BREAKERS' IN COPYRIGHT INFRINGEMENT CASE

Universal Pictures International France and Ors have filed a copyright infringement case against the producers of the film 'The Jodi Breakers', Prasar Visions Pvt Ltd in the Bombay High Court. In their suit the co-producer of Heartbreakers and a part of American entertainment company NBC Universal Inc have sought a compensation of Rs 50 crore.
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