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Which of the following are not Patentable as per the provision of the Patents Act? I. A surgical…

Section 3(k) of the Patents Act, 1970 excludes "a computer programme per se", and section 3(c) excludes the "discovery of any living thing" occurring in nature. A clock…

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Which of the following are not Patentable as per the provision of the Patents Act?
I. A surgical instrument
II. A computer program per se
III. Discovery of any living thing
IV. A clock having 10 hours and each hour divided into 100 minutes

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Answer and explanation

Correct answer D

Section 3(k) of the Patents Act, 1970 excludes "a computer programme per se", and section 3(c) excludes the "discovery of any living thing" occurring in nature. A clock dividing the day into ten hours of one hundred minutes only changes the scheme of measuring time without any technical advance, so it is treated as "a mere scheme or rule" under section 3(m).

A surgical instrument is a patentable product; section 3(i) excludes only methods of medical or surgical treatment, not the instruments used.

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