An invention is not the same thing as a ‘discovery’ . One can discover that a known machine can produce better result ,but such result is not patentable invention. For a patentable invention ,one has todo something more and must make some addition ,not only to knowledge but to previously known invention , and must use his knowledge and ingenuity so as to produce a new and useful thing or result .
BIshwanath Parsad Radhey Shyam v. Hindustan Metal Industries
In this case SC stated that ,Invention also includes improvement on invention .To be patentable invention ,the improvement or condition must produce a new result or anew article or a better or cheaper article .
Definition Of Invention Under The Patents Act ,1970
Section 2(1) (j) of The Patent Act ,1970 defines invention as under, “invention means a new product or process involving an inventive step and capable of industrial application.”
In the case of Hindustan Lever Ltd. v. Godrej Sopans Ltd. [1997 PTC 756 Cal.]
The apex court stated that ,a new product or process involving an inventive step and capable of industrial application ,is an invention .
‘Invention’ means any new and useful –
(a) art, process ,method or manner of manufacture ,
(b) machine, apparatus or other article ,
(c) substance produced by manufacture,
An alleged invention is something which alleged as a manner of new manufacture ,however ,in fact ,it may not be a new manufacture .But to be a new patentable invention ,it must be satisfy the order requirement of the definition of invention under section 2(1) (j).
‘Invention’ connotes a useful product or process , with an inventive step and of industrial application.
What are not invention .-
Section 3 to 5 of The Patent Act ,1970 provides for what are not ‘invention’ under The Patent Act . Section 3 envisages that following are not invention –
(1) Frivolous invention .-
An invention which is frivolous or which claims anything obviously contrary to well -established natural laws.
(2)User of invention if unlawful,-
An invention ,the primary or intended use of which would be contrary to law or morality or injurious to public health.
(3) Principle devoid of method .-
The mere discovery of a scientific principle or the formulation of an abstract theory is no invention .[or discovery of any living thing or living substance occurring in nature]
(4) Mere discovery of a known contrivance .-
Mere discovery of any new property or new use for a known substance or of the mere use of a known process ,machine or apparatus unless such process results in a view product is no invention .
(5) Mere admixture .-
A substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substances is no invention