**4. Case studies of rejected patents as per Section 3 of the Indian patent act**

Section 3 of Indian Patent Act describes non-patentable inventions.

Section 3(a). An invention which is frivolous or which claims anything obviously contrary to well established natural laws [16];

Example: Machine that gives more than 100% performance, A perpetual motion machine of the first generation which claimed to produce work without energy input which is contrary to law of thermodynamics (law of conservation of energy - energy can be neither created nor destroyed. It simply changes from one form to another).

## **Case 2: Patent application entitled "Gravity wheel–a perpetual motion machine"**

This invention claimed to produce a powder delivery wheel, which is a perpetual motion machine working by gravitational force. This machine was claimed to be never stopped except human means. The claimed machine was a stationary engine of the unlimited size which was capable of continuous power output from gravity force and the gravity force can be universally available in any planet. The patent was abandoned under Section 21(1)on the ground of **Section 3(a)**as its performance was contrary to the law of thermodynamics. The patent application detail of case 2 is given in **Table 2** [17–19].

Section 3(b). An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment [16];


#### **Table 2.**

*Patent application detail for case 2 entitled "Gravy wheel – a perpetual motion machine."*

Example: The Oncomouse, genetically modified to develop cancer for the purposes of medical research is not patentable because cancer can be transmitted to the public [20, 21].

Companies developing animal models are arguing for patenting of animal models as 1. Microorganisms are now patentable, 2. Animal models are very close to human disease and hence contribute significantly to the process of drug discovery, and 3. The patents provide a means of compensation for investment of millions of dollars in research which in turn stimulates further research and eventually better treatments. However, based on ground of morality and reproducibility the patent applications on animal models are not granted [22–24].
