*2.1.4 The non- inventions recognized globally*

• Discoveries are non-patentable:

The discovery of laws or principles of nature or science, or any living or nonliving material is not patentable subject matter [2].

Reason: since they are already existing in nature and discovering is to uncover something or revelation of existing systems whereas, inventing is to create something unpredictable from available systems.

• Scientific theories are non-patentable:

Scientific theories are non-patentable, regardless of how radical or revolutionary their insights may be since, they are theory. Patents are granted to a product or process which incorporates such theory to bring out innovative solution to an existing problem [2].

• Inventions Contrary to public order or security and morality are non-patentable:

Inventions that cause serious prejudice to human, animal or plant life or health or to the environment are non- patentable since, an invention should be able to solve a problem existing in the public sector but not to create harm to the welfare of public. Examples: a process for cloning human beings; an invention that involves the use of human embryos for industrial or commercial purposes [2].

• Methods for treatment of the human or animal body are non-patentable:

Treatment of humans or animals by surgery, therapy and diagnostic methods are not capable of industrial application, and it is against the policy of practice of medical professionals to restrict other medical practitioners from use of such method of treatment [2].

• Mathematical methods or algorithms are non-patentable:

Mathematical methods are considered a part of theory and solving the problem using such mathematical methods is considered to be a mere mental skill [2].

• Method of playing games is non-patentable:

Playing games is considered as act of mental skill and it can vary from person to person in playing a similar game even when they are pre-defined set of rules since

there is always a probability of ways depending on the choice of the player (s) made during each stage of game and such act does not involve technology development and such method or tactics does not have industrial applicability [2].

• Business methods or strategies, or business models are non-patentable:

Business methods or strategies or business models are the methods used for a particular business sector and such methods gain competitive advantage over the competitors in same technology. Such methods or tactics cannot be industrially applicable for every business sector working in same technology [2].

• Presentations of information is non- patentable:

A presentation of information defined solely by the content of the information is not patentable since such representation is non-technical in nature and such works are considered as copyright of such creator [2].

• Esthetic creations are non-patentable:

Esthetic creations relate to an article (e.g., a painting or sculpture) having aspects of art and such works are not technical in nature. Such works do not qualify inventive step I and industrial application rather, the appreciation of such works is essentially subjective in nature.

• Traditional knowledge is non- patentable:

This type of knowledge is passed through generation and it belongs to community from generations, and it has been practiced through generations and such knowledge does not qualify novelty requirement for a patent [2].

Examples: agriculture methods, food production, traditional medicine, land management, ecological management, natural resource management and the like.

• Topography of Integrated circuits is non- patentable:

The topography does not fall under patent protection since it involves the arrangement of known electrical elements which are arranged in layers over a substrate which is generally made of semi-conducting material. The mere arrangement of known elements in different layers does not constitute an inventive step. A separate law is enforced to safeguard such designs or topography or layouts of the Integrated circuits [2].
