The Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM), under the commerce and industry ministry has make it easier for those who are seeking patents for their Computer Related Inventions (CRIs) as the ‘novel hardware’ clause is no longer required for such applications as per revised guidelines of the government.

Information Source: Financial Express

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Image Source: http://www.giganetsystems.com

Legal Provision:

The Patents (Amendment) Act, 2002 also introduced explicit exclusions from patentability under section 3 for Computer Related Inventions (CRIs) as under: (k) a mathematical or business method or a computer programme per se or algorithms;

Source: The Patents Act 1970, after 2002 Amendments

Chapter 08.03.05.12

  • A mere scheme or rule or method of performing mental act(s) or a method of playing game(s)
    • The above criterion is to be judged as per the procedures as laid out in chapter 08.03.05.12 of the Manual.
  • Presentation of information
    • The above criterion is to be judged as per the procedures as laid out in chapter 08.03.05.13 of the Manual.
  • Examiners have to rely on the following three stage test in examining CRI applications per the previous guidelines:
    • (1) Properly construe the claim and identify the actual contribution;
    • (2) If the contribution lies only in mathematical method, business method or algorithm, deny the claim;
    • (3) If the contribution lies in the field of computer programme, check whether it is claimed in conjunction with a novel hardware and proceed to other steps to determine patentability with respect to the invention. The computer programme in itself is never patentable. If the contribution lies solely in the computer programme, deny the claim. If the contribution lies in both the computer programme as well as hardware, proceed to other steps of patentability.

Source: http://www.ipindia.nic.in/guidelines-patents.htm

  • Replacement of Provisions of Manual

Chapter 08.03.05.10 of the Manual, containing provisions pertaining to section 3(k) of the Patents Act, 1970 shall stand deleted with coming into force of these guidelines for examination of CRIs.

  • Applicability of Guidelines:

These Guidelines shall be applicable with immediate effect.

Source: http://www.ipindia.nic.in/guidelines-patents.htm

Author:

Saurabh Arora

(Ingenious e-Brain Solutions)