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IPO REJECTS PATENT APPLICATION HELD UNDER

SECTION 4 RELATING TO ATOMIC ENERGY
Section 4 of the Indian Patents Act, 1970
stipulates that no patent shall be granted in the same may be revoked under Section 65 of the
respect of an invention relating to atomic Patents Act.

energy falling within sub-section (1) of Section 20 of In a decision given by the Kolkata Patent Office,

the Atomic Energy Act, 1962 (33 of 1963). Section a patent application by Merck Eprova AG was

20(1) of the Atomic Energy Act prohibits patenting refused for falling within the ambit of Section 4 of

of any invention which the Patents Act.

The Controller of Patents in the opinion of the In a hearing notice issued to the Applicant, the
refused the application Central Government is primary concern of the Controller in granting
based on the letters of the useful for or relates to the application was the non-permissibility of the
Department of Atomic the production, control, application under Section 4 of the Patents Act. The
Energy, Government of India use or to the disposal Applicant contended that their invention related to
which state that the invention of atomic energy or the novel folate conjugates and the corresponding metal-
relates to atomic energy and prospecting, mining, chelate complexes which can form a stable chelate
should be refused. No other extraction, production, with venous radio nuclides suitable for diagnostic
reason for refusal was given. physical and chemical imaging and radio therapeutic applications. It was
treatment, fabrication,

enrichment, canning or stated that the invention was used for radiotherapy

to use of any prescribed substance or radioactive and diagnosis and has no relevance or use in the

substance or to ensuring safety in atomic energy field of atomic energy as prescribed by Section 20

operations. The Central Government reserves the of the Atomic Energy Act. It was also pointed out

right to inspect inventions relating to atomic energy that similar applications have been allowed by the

and then prohibit patenting of the same if it is found Indian Patent Office.

to be covered under Section 20(1). Said decision of

the Central Government is not appealable. The Controller of Patents refused the application

based on the letters of the Department of Atomic

Section 4 of the Patents Act which when read with Energy, Government of India which state that the

the strict wording of Section 20 of the Atomic invention relates to atomic energy and should be

Energy Act makes it clear that the intention of the refused. No other reason for refusal was given.

legislature was to prohibit patenting of inventions

relating to atomic energy which are a threat to The decision can be accessed at:-

national security. However, the same does not ban http://ipindiaservices.gov.in/decision/2996-

patenting of inventions if they are not threats to KOLNP-2009-21821/SKS-Decision-

the national security. Even if a patent is wrongfully 2996KOLNP2009-refused.PDF

granted for an invention relating to atomic energy,

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