Types of Inventions That Cannot Be Patented: A Comprehensive Guide

Patenting an invention is a process that involves proving its novelty, utility, and innovation. However, not all inventions can or should be granted a patent. Certain types of inventions are excluded from patent protection, including those that are unworkable or anticipated by prior art. This article explores the reasons why some inventions cannot be patented and highlights specific conditions under the Indian Patent Act 1970 that dictate the requirements and exclusions.

The Basics of Patentability

For an invention to be patented, it must meet several criteria:

Novelty Utility Non-obviousness

However, even if these criteria are met, there are specific types of inventions that do not qualify for patent protection.

Unworkable Inventions

One of the most common reasons why an invention cannot be patented is that it is unworkable or non-functional. An unworkable invention refers to a device or process that fails to achieve its intended purpose or does not operate as intended. One of the most cited examples of an unworkable invention is a perpetual motion machine. These machines are often proposed as a means to generate unlimited energy, but they violate the laws of physics and are therefore impossible to create and function as intended. The perpetual motion machine illustrates the concept of an unworkable invention and why it cannot be patented.

Anticipation by Prior Art

Prior art refers to any information that was publicly available before the filing of a patent application. If an invention is anticipated by prior art, it means that the idea or technology described in the invention has already been explicitly described in prior publications or patents. In such cases, the invention does not meet the requirement of novelty, and thus cannot be patented. For example, if a new invention involving a specific technology has already been described in a patent application or scientific publication, claiming a patent for that invention would not be valid.

Illustrative Examples

Example 1: Perpetual Motion Machines - A perpetual motion machine is a hypothetical machine that can run indefinitely without an external energy source, contrary to the laws of thermodynamics. Such machines are often proposed as a means to generate unlimited energy, but they are inherently unworkable and cannot be patented.

Example 2: Carbon-14 Time Travel Machine - Proposed in various fictional stories and theoretical discussions, a carbon-14 time travel machine is a device that attempts to manipulate the atomic structure of carbon-14 to create a time travel mechanism. This invention is unworkable due to the limitations of our current scientific understanding and technology.

Legal Exclusions Under the Indian Patent Act 1970

According to Section 3 and Section 4 of the Indian Patent Act 1970, certain types of inventions are excluded from patent protection. These exclusions include:

Section 3: Inventions Which Are Not Patentable

Inventions the prevention of which is essential for the maintenance of public order (Chapter XVII) Duplicating devices for the unrealized record or production of sounds, or images, or reproduction of sounds together with images, whether directly perceivable or not Plants and animals in whole or in part, other than microorganisms, and essentially biological processes for the production of plants or animals Essentially diagnostic, prophylactic or therapeutic methods for the treatment of human or animal diseases Products obtained by a process mentioned in the above clause, except that where the process affects the substance or property of the product, the product obtained by such a process will be patentable

Section 4: Inventions Which Cannot Be Patentable

Inventions which are contrary to public order or morality or which cause damage to human, animal or plant life or health or to environment (Chapter XVI) Inventions the commercial exploitation of which would be contrary to the presumption of public noninterest (Chapter XVI) Inventions the exploitation of which would be detrimental to the security of the country.

Conclusion

The process of patenting an invention is rigorous and requires that the invention meets specific criteria. However, not all inventions can be patented due to various exclusions outlined by legal and regulatory frameworks. In this article, we have explored the concept of unworkable inventions and anticipated inventions, using examples such as perpetual motion machines and fictional time travel devices. Additionally, we have highlighted the specific exclusions under the Indian Patent Act 1970, Sections 3 and 4, which further refine the types of inventions that cannot be patented. Understanding these exclusions is crucial for inventors and entrepreneurs to ensure that their ideas are protected while adhering to the legal and ethical boundaries of innovation.