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PatentAllowed 15 September 2023

Raytheon Company v. Controller General of Patents and Designs

2023:DHC:6673

Court
Delhi High Court
Bench
Justice Prathiba M. Singh
Outcome
Allowed
Date of judgment
15/9/2023

Statutory provisions

Section 117A, Patents Act 1970 — AppealsSection 15, Patents Act 1970 — Power of Controller to refuse patentsSection 3(k), Patents Act 1970 — Exclusions from patentability (computer programs per se)

Key issue

Whether the patent application for a High-Performance Computing (HPC) system was wrongfully refused based on outdated guidelines that improperly insisted on novel hardware for computer-related inventions, overlooking the invention's 'technical contribution'.

Summary

This is an appeal against the refusal to grant a patent for an invention concerning scheduling in high-performance computing systems. The Controller of Patents and Designs rejected the application primarily due to a lack of inventive step and non-patentability under Section 3(k) of the Patents Act, claiming it was merely a computer program. The court found that the Controller incorrectly applied outdated guidelines for Computer Related Inventions (CRI) from 2016 instead of the updated 2017 guidelines. The court emphasized that a requirement for novel hardware is not legally supported and that the patent application should be re-examined based on the correct legal principles, focusing on "technical contribution" and "technical effect". Result: Appeal accepted; refusal order set aside and patent application to be re-examined without the requirement of novel hardware.

Tags

#Computer Related Invention (CRI)#Section 3(k)#patentability guidelines#High-Performance Computing (HPC)#technical effect#inventive step
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