**Abstract**

India is a country that has understood the importance of strong patent systems for the growth of industry and commerce to bring it at par with the modern world. As per WIPO statistical database September 2018, 45,379 patent applications were filed in India. Out of which, 12,387 applications were granted and 29,789 applications were withdrawn or abandoned by the applicants. About 3203 patents were rejected on the ground of non-fulfillment of patentability criteria by the invention, that is, Novelty, non-obviousness and Industrial applicability or non-patentability criteria mentioned under Sections 3 and 4 of Indian Patent Act. In this chapter, the authors have discussed few of the cases of rejection under the Indian Patent Act.

**Keywords:** Indian Patent Act, refused U/S 15, novelty, non-patentable, inventions

## **1. Introduction**

The three patentability criteria for any inventions are novelty, non-obviousness and industrial applicability. Few inventions fulfilled all three patentable criteria but still not patentable based on morality, public order or human rights considerations of each country. The Indian patent rights provide mutual benefits to the patent holder and user of patented medicine by considering socio economical welfare of the society [1–5].

As per the Indian Patent Act, Section 2 describes patentability criteria, whereas Sections 3 and 4 describe non-patentable inventions [6, 7].

### **2. Statistical database of patent filling in India**

India has stringent patenting system, policies and enforcement system to protect IPR laws. Due to the TRIPs Agreement and amendments in the Indian Patent Act, technological innovations are encouraged and protected in India [8, 9]. As per Indian Patent Act, Section 15 deals with the power of the controller to refuse applications for grant of patent [10, 11].

As per WIPO statistical database September 2018, 45,379 patent applications were filed in India. Out of which 12,387 applications were granted and 29,789 applications were withdrawn or abandoned by the applicants. About 3203 patents were rejected on the ground of non-fulfillment of patentability criteria by the invention i.e. novelty, non – obviousness and industrial applicability or non-patentability criteria mentioned under Sections 3 and 4 of Indian Patent Act [12]. Indian Patent office rejected 1723 pharmaceutical patent applications between January 2009

and January 2017. Among them, 945, 466 and 1113 patents were rejected based on Sections 2(1)(j), 2(1)(ja) and Section 3, respectively. Ground for patents rejection may be one or more for one case [13]. As per Annual report of IPR 2017–2018 in India, number of patent applications examined, number of grant of patents and disposal of applications increased by 108.2, 32.5 and 57.6%, respectively as compared to 2016–2017 [14].

Sections 2 and 3 were the major reasons for the rejection of patents filled in India hence some case studies related to rejected patents are discussed in this chapter.
