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PatentAllowed 15 May 2023

Microsoft Technology Licensing, LLC v. The Assistant Controller of Patents and Designs

2023:DHC:3342

Court
Delhi High Court
Bench
HON’BLE MR. JUSTICE SANJEEV NARULA
Outcome
Allowed
Date of judgment
15/5/2023

Statutory provisions

Section 3(k), Patents Act 1970 — Inventions not patentable (specifically computer programs per se)Section 10(4)(c), Patents Act 1970 — Clarity and conciseness of claimsSection 15, Patents Act 1970 — Power of Controller to refuse applications

Key issue

Whether an invention implemented using a computer program for user authentication in network sub-locations is patentable, considering the exclusion of "computer programs per se" under Section 3(k) of the Patents Act.

Summary

Microsoft appealed the Patent Controller's decision to reject its patent application for a method of authenticating users in network sub-locations. The Controller had ruled the invention was a "computer program per se" and thus not patentable under Section 3(k) of the Patents Act, 1970. The High Court found the Controller had misinterpreted Section 3(k) by not recognizing the technical effect and contribution of the invention beyond being a mere computer program. The court clarified that inventions involving computer programs can be patentable if they provide a technical solution or advancement. The Controller's rejection was set aside, and the case was sent back for reassessment of novelty and inventive step. Result: Appeal against refusal of patent application allowed; Controller's order set aside; matter remanded for re-examination on grounds of novelty and inventive step.

Tags

#computer related invention#Section 3(k)#patentability#technical effect#novelty#inventive step
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