Legislative Implementation of Flexibilities - India

Title:	Section 3 (i) and (j) of the Patent Act No. 39 of 1970 as last amended by Act No. 15 of 2005
Field of IP:	Patents
Type of flexibility:	Exclusion from patentability of plants
Summary table:

Provisions of Law

3. What are not inventions

The following are not inventions within the meaning of this Act, -

(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 economic value or that of their products.

(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;