**Case 9: Patent application entitled "Method for Hybrid Gastro-Jejunostomy"**

**Table 8** enlists patent application detail of case 9.

The invention is related to methods for joining one piece to the tissue to another piece of tissue. In one embodiment, the method can include inserting an applier device having an actuation portion into a first body lumen through a natural body orifice, forming a first opening in a first piece of tissue within the first lumen and a second opening in a second piece of tissue defining a portion of a second lumen adjacent to the first piece of tissue, and inserting the applier device through the first and second openings such that the actuation portion is between the first and second piece of tissue. The method can further include deploying a fastener into the first and second pieces of tissue through the actuation portion of the applier device, thereby joining the first and second pieces of tissue to form an anastomosis between the first and second lumens.

The patent controller said that as claims 1–10 recite "A method for joining tissue", which is a surgical method. The subject matter is excluded from patentability according to **Section 3(i)** of the prevailing Act [17, 41].

Section 3(j). Plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties, and species and essentially biological processes for production or propagation of plants and animals [16];

**43**

the Patents Act.

or algorithms [16];

**Table 8.**

**Calculation System"**

*Case Study on Rejected Patents in India DOI: http://dx.doi.org/10.5772/intechopen.92356*

Example: Clones and new varieties of plants, a process for the production of plants or animals, if it consists entirely of natural phenomena such as crossing or selection i.e., essentially biological process are not patentable. However, processes or methods of preparing genetically modified organisms are patentable [42, 43]. Case 8 has covered the case study of rejection of patent as per Section 3(j). Section 3(k). A mathematical or business method or a computer program per se

Example: Computer program by itself or as a record on a carrier (Note:

The amendment proposed in the Patent Amendment Act 2005 for Clause 3(k) was, "a computer program per se other than its technical application to industry or a combination with hardware; a mathematical method or a business method or algorithms." However, this amendment was rejected by the Indian Parliament,

**Case 10: Patent application entitled "Chaos Theoretical Exponent Value** 

The Appellant's invention is about the system which can analyze a time series signal using a method based on Chaos Theory and calculation of a chaos theoretical exponent value (CTEV). The conventional CTEV system was not calculating the temporarily changing dynamics as a significant value. In the present invention, the inventor proposed a system which can process at a high speed and on a real-time basis to calculate a CTEV even from a time series signal which includes noises. The average CTEV can also be calculated in a shorter time of two decimal orders or more. As per First Examination Report (FER) of the Patent Office, the invention was not found to be patentable on the ground of clause (k) of Section 3 and Section 2(1) (j) of the Indian Patent Act, 1970. A response to the first examination report (FER) was filed by the applicant on 9th April 2008. The Deputy Controller rejected a patent under Section 15 by declaring that the invention still falls under **Section 3(k)** of

In India, the Patent Amendment Act 2005 sought to introduce software patents.

Combination of hardware and software is patentable).

*Patent application details for case 9 – method for hybrid gastro-jejunostomy.*

which chose to retain Clause 3(k) as it is [44–46].

Patent application detail of case 10 is provided in **Table 9**.


#### **Table 8.**

*Intellectual Property Rights - Patent*

15 based on ground of **Section 3(j).** Cultivation of plant, growing of the plant, harvesting of fluid from the trap was considered as a method of agriculture hence it

*Patent application detail for case 8 entitled "Process for the production of recombinant proteins using* 

Section 3(i). Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their

**Case 9: Patent application entitled "Method for Hybrid Gastro-Jejunostomy"**

The invention is related to methods for joining one piece to the tissue to another piece of tissue. In one embodiment, the method can include inserting an applier device having an actuation portion into a first body lumen through a natural body orifice, forming a first opening in a first piece of tissue within the first lumen and a second opening in a second piece of tissue defining a portion of a second lumen adjacent to the first piece of tissue, and inserting the applier device through the first and second openings such that the actuation portion is between the first and second piece of tissue. The method can further include deploying a fastener into the first and second pieces of tissue through the actuation portion of the applier device, thereby joining the first and second pieces of tissue to form an anastomosis between the first

The patent controller said that as claims 1–10 recite "A method for joining tissue", which is a surgical method. The subject matter is excluded from patentability

Section 3(j). Plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties, and species and essentially biological processes for production or propagation of plants and animals [16];

was also not a patentable invention as per **Section 3(h)** [17].

**Table 8** enlists patent application detail of case 9.

according to **Section 3(i)** of the prevailing Act [17, 41].

economic value or that of their products [16];

**42**

**Table 7.**

*carnivorous plants."*

and second lumens.

*Patent application details for case 9 – method for hybrid gastro-jejunostomy.*

Example: Clones and new varieties of plants, a process for the production of plants or animals, if it consists entirely of natural phenomena such as crossing or selection i.e., essentially biological process are not patentable. However, processes or methods of preparing genetically modified organisms are patentable [42, 43].

Case 8 has covered the case study of rejection of patent as per Section 3(j). Section 3(k). A mathematical or business method or a computer program per se or algorithms [16];

Example: Computer program by itself or as a record on a carrier (Note: Combination of hardware and software is patentable).

In India, the Patent Amendment Act 2005 sought to introduce software patents. The amendment proposed in the Patent Amendment Act 2005 for Clause 3(k) was, "a computer program per se other than its technical application to industry or a combination with hardware; a mathematical method or a business method or algorithms." However, this amendment was rejected by the Indian Parliament, which chose to retain Clause 3(k) as it is [44–46].
