The new use of a known substance is also not patentable; this means discovery of the second or third use of a known substance cannot be patented. The mere use of a known process is not patentable unless such a process results in a new product or employs at least one new chemical. For example, the use of Aspirin for curing cardio-vascular disease, which was earlier used for analgesic purpose, is not patentable. However, a new and alternative method for producing Aspirin is patentable.

A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such a substance

A patent claim for a substance obtained by merely mixing ingredients resulting only in the aggregation of the properties of the components is not a patentable invention. For example, a mixture of sugar and some colorants in water to produce a soft drink is a mere admixture resulting in an aggregation of the properties.

However, an admixture resulting in synergistic properties instead of mere aggregation of properties of ingredients is not considered as mere admixture and is. Examples are soap, detergent, lubricants and polymer composition etc.

The mere re-arrangement or duplication of known devices is not patentable, wherein each functioning independently of one another in a known way.

Manufacture of an apparatus that is actually a duplication or arrangement or rearrangement of a known device is not patentable. An Umbrella with a fan, a bucket fitted with a torch, a clock and transistor in a single cabinet were held not patentable since they are nothing but mere arrangement and rearrangement of known devices and their functioning is known too.

Any method of agriculture or horticulture cannot be patentable.

Any process or method of agriculture or horticulture is not patentable. For example, a method for cultivation of an algae and a method for production of mushrooms are held not patentable as they are considered to belong to the plant kingdom.

Any process used for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human being, or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products, is not patentable.

A method of medicinal treatment of human beings is not patentable. For instance, a method for treatment of malignant tumor cells or a method for removal of dental plaque is not patentable, since they are held to be treatment of human beings. In the same vein, any process or methods for treatment of animals or plants to render them free of disease is also not patentable. Hence, the art of curing illness cannot be said to be an art of manufacture.

Plants, animals, seeds, varieties and species and any part of the same and essentially biological processes for production or propagation of plants and animals are not patentable. Microorganisms alone are patentable under this section.

Life forms other than microorganisms cannot be patented. Microorganisms modified, not natural can be  patented. Plant, plant variety, seeds and animals cannot be patented, neither can their parts be patented. Cells, cell lines, part of cell like mitochondria, plasmids genes and DNA can not be patented. However, the production process of the seed by a non-biological means can be patented We must be clear that genes cannot be patented because they are not inventions. At ethical level, patenting genes would mean granting a monopoly to the patent holder, on a common  human heritage.

A mathematical, business method algorithm or computer program is not patentable. A literary, dramatic musical or artistic work or any aesthetic creation is also not patentable ;so is a way of performing a mental act or a method of playing game or even a way of presenting information.

An invention, which effectively is traditional knowledge or the components of such invention, is an aggregation or duplication of known properties of traditional knowledge.

The term traditional knowledge included innovations and the volume of knowledge continually developed, acquired, used, practiced, transmitted and sustained by communities through generations supported by their ecology, environment, life styles ,attitudes, societies and culture.

An Indian patent may be opposed or revoked if the invention was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in any country. The existing patent law does not allow patents on products derived from indigenous knowledge (IK)and those existing in the Indian Systems of Medicine (ISM).These are products developed by local communities and are the result of generations of creative and innovative work. This knowledge is their intellectual property. Allowing others to patent it would be unethical and illegal. Rural India still relies heavily on ISM (about 70%according to WHO) and it should remain available to them.

No Patent shall be granted in respect of an invention relating to Atomic energy.

• Patent shall not be granted for

• an invention that is related to the production or control of atomic energy.

• a method of insuring safety in atomic energy operation is also not patentable.

• or prospecting mining extraction This exemption is to protect national interest in an area of strategic importance.

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