Section 3A of the Indian Patent Act, 1970
Section 3A of the Indian Patent Act, 1970 deals with an invention which is frivolous or which claims anything obviously contrary to well established laws. Such is not an invention.
The Indian patent application No. 101/BOM/72, relates to “A method of showing time on the basis of metric system” wherein dial of time piece having three hands for indicating, hour, minutes and seconds was divided into 10 parts for hours, each hour into 100 minutes and each minute into 100 seconds. It was held that the invention is contrary to well established laws and not considered a patentable invention.
In Indian Vacuum Brake Co., Ltd. vs E.S. Luard on 14 July, 1925, the court held that the claimed invention is not an improved Vacuum Brake Piston and there is nothing new, in the sense of novelty, in the patent, and it discloses no invention. Furthermore, the material features were also anticipated by Hardy’s patent (prior art). Hence the patent wasconsidered frivolous and revoked.
A patent for an improved plan for subterranean utility distribution whereby housing estates are provided with supply of gas, electricity and water and sewage disposal facilities was held not patentable as the same was considered mischievous to the state by being generally inconvenient [Hiller’s Application (1969) RPC267, p 268 applying rolls-royceltd’s application (1936) RPC 255].
Other examples of frivolous invention are:
A machine purporting to produce perpetual motion.
A machine alleged to be giving output without any input.
A machine allegedly giving 100% efficiency.
invention which is said to be an invention and is actually not an invention is said to be frivolous.
A patent involving a revolutionary concept will not be entertained if the person of average skill in the art would not be able to fill in the missing details from his own knowledge or following reasonable trial and error [T5/T9 Newman/Perpetual motion  EPOR 301 (Tech bd app.)]
Thus, an invention which is said to be an invention and is actually not an invention is said to be frivolous. Any invention which is contrary to the well-established laws (such as the timing system in our clocks) cannot be patented.
Ref: The law of Patents-Feroz Ali Khader