Exclusions on Patentability: A Study

Exclusion of patentability finds its justification in philanthropy and public welfare. Time and again this approach has been endorsed and upheld by the eminent jurists. However, the “US Supreme Court in the case of Diamond v. Chakrabarty” endorsed a controversial view holding that “anything under the sun made by man” is patentable, but the situation was however rectified subsequently in “Diamond v. Dier.” The Boards have gone a step forward in being very selective while granting patents excluding “Plant and Animal varieties” and also other immoral procedures, for example the process of cloning human beings etc. from the scope of patentability. The chapter will take up the study relating to the provisions of exclusions in patentability in international and national regime. The chapter will further highlight the emerging grey areas on the exclusions of patentability.