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

This case involves an appeal by Microsoft Technology Licensing against the rejection of its patent application for 'Delegating Instant Messaging Sessions' by the Patent Office. The rejection was based on Section 3(k) of the Patents Act, claiming the invention did not have a technical effect beyond normal program-hardware interactions. The appellant argued that the Patent Office failed to apply its own revised 2017 guidelines, which clarify that software can be patented if it demonstrates a technical effect, even without novel hardware. The court, referencing previous judgments, found that the Patent Office had not correctly applied these guidelines. Therefore, the court concluded that the rejection was based on an outdated interpretation of patentability for computer-related inventions. Result: Appeal for patent grant allowed; matter remanded to the Patent Office for fresh consideration by a different Controller.