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Sec 5, Patents Act 1970: Inventions where only methods/processes of manufacture patentable

Section 5 (Inventions where only methods or processes of manufacture patentable) under Chapter II (Inventions Not Patentable) of the Patents Act, 1970 ⦂―

❝(1) In the case of inventions-

  (a) claiming substances intended for use, or capable of being used, as food or as medicine or drug, or

  (b) relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and inter-metallic compounds), no patent shall be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture shall be patentable.

(2) Notwithstanding anything contained in sub-section (1), a claim for patent of an invention for a substance itself intended for use, or capable of being used, as medicine or drug, except the medicine or drug specified under sub-clause (v) of clause (1) of sub-section (1) of section 2, may be made and shall be dealt, without prejudice to the other provisions of this Act, in the manner provided in Chapter IVA.❞



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Notes:

Section 5 of the Patents Act, 1970 was OMITTED by the Patents (Amendment) Act, 2005 (No. 15 of 2005), sec. 4, w.e.f. 1-Jan-2005.

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