**Case 3: Patent application entitled "Electro-Mechanical Sexual Stimulation Device"**

Patent application detail of case 3 is listed in **Table 3**.

This patent deals with sexual stimulating vibrator and its intended use or commercial exploitation which is contrary to public order or morality hence the patent was rejected based on ground Section **3(b).**

Claims 1 and 17 have been drafted as separate independent claims although they belong to the same category of claims. Said claims, therefore, lack clarity and conciseness under Section **10(5)** of the Act.

Claims lack Novelty and/or Inventive step of **u/s 2(1)(j)**of the Patent Act. The problem with the present invention is the fact that its distinguishing features depend on relative dimensions, i.e. they depend on the anatomy of the users.

Patent drafting errors in abstract and drawing were also mentioned in the report.

Applicant or applicant's agent neither appeared for the hearing on the scheduled date nor filed any written submission in response to the hearing notice [17].

Section 3(c). The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature [16];

**37**

**Table 4.**

**Table 3.**

**Pancreatic Cancer"**

**Case 4: Patent application entitled "Gene Family (LBFL313) Associated with** 

The invention relates generally to the changes in gene expression in human pancreatic adenocarcinoma. The invention relates specifically to a human gene

*Patent application details for case 4—gene family (LBLF313) associated with pancreatic cancer.*

Patent application detail of case 4 is given in **Table 4**.

*Patent application detail for case 3 for electro-mechanical sexual stimulation device.*

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

Example: Newton's Laws, Discovery of micro-organism, Raman effect and Theory of Relativity [25].


#### **Table 3.**

*Intellectual Property Rights - Patent*

the public [20, 21].

**Device"**

**Table 2.**

the report.

occurring in nature [16];

Theory of Relativity [25].

Example: The Oncomouse, genetically modified to develop cancer for the purposes of medical research is not patentable because cancer can be transmitted to

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

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

**Case 3: Patent application entitled "Electro-Mechanical Sexual Stimulation** 

This patent deals with sexual stimulating vibrator and its intended use or commercial exploitation which is contrary to public order or morality hence the patent

Claims 1 and 17 have been drafted as separate independent claims although they belong to the same category of claims. Said claims, therefore, lack clarity and

Claims lack Novelty and/or Inventive step of **u/s 2(1)(j)**of the Patent Act. The problem with the present invention is the fact that its distinguishing features depend on relative dimensions, i.e. they depend on the anatomy of the users. Patent drafting errors in abstract and drawing were also mentioned in

date nor filed any written submission in response to the hearing notice [17].

Applicant or applicant's agent neither appeared for the hearing on the scheduled

Section 3(c). The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance

Example: Newton's Laws, Discovery of micro-organism, Raman effect and

applications on animal models are not granted [22–24].

was rejected based on ground Section **3(b).**

conciseness under Section **10(5)** of the Act.

Patent application detail of case 3 is listed in **Table 3**.

**36**

*Patent application detail for case 3 for electro-mechanical sexual stimulation device.*


#### **Table 4.**

*Patent application details for case 4—gene family (LBLF313) associated with pancreatic cancer.*
