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How do I answer a Section 3 objection?
Each clause needs different evidence. Using the wrong one wastes the reply.
This is usually a claim category problem.
Section 3(i) excludes processes for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings, and similar treatment of animals. Products used in treatment remain patentable.
- Claim the device, the composition, the kit or the apparatus rather than the method performed on a patient.
- Give the product claims the primary drafting effort for India, and keep method-of-treatment claims for jurisdictions that allow them.
- This is a category problem, not an evidence problem - no data answers it.
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This is educational guidance, not personalised legal advice. It cannot see your documents, your dates or the prior art, and those are usually what decide the answer. Use it to understand the question, then take advice on your own facts.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.