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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

Rohan Mehta applies for a patent claiming only a method of treating a patient's disease by surgery, performed on human beings. Which clause of Section 3 most directly bars the claim?

Section 3(i) bars the claim. It says any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings is not an invention, so a surgical method of treating patients cannot be patented.

  1. AClause (h), method of agriculture or horticulture
  2. BClause (n), presentation of information
  3. CClause (f), arrangement of known devices
  4. DClause (i), process for medicinal, surgical, curative, prophylactic, diagnostic or therapeutic treatment of human beingsCorrect

Explanation

Section 3(i) excludes any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings. A surgical method on patients falls squarely within it. The other clauses deal with unrelated subject matter.

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