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PatentAllowed 4 August 2026

T-Mobile International AG and Co. KG. v. The Controller General of Patents, Designs and Trademarks and Anr.

2026:DHC:6266

Court
Delhi High Court
Bench
Justice Tushar Rao Gedela
Outcome
Allowed
Date of judgment
4/8/2026

Statutory provisions

Section 3(k), Patents Act 1970 — Exclusions for computer programs and mathematical methodsSection 3(m), Patents Act 1970 — Exclusions for schemes, rules, methods of performing mental acts, or methods of playing games

Key issue

What are the appropriate guidelines for examining patent applications to determine if they fall under the non-patentable categories of "mere scheme or rule or method of performing mental act or method of playing game" as per Section 3(m) of the Patents Act, 1970?

Summary

This case involved an appeal against the refusal of a patent application for a method to optimize mobile terminal performance, rejected under Sections 3(k) and 3(m) of the Patents Act. The court had previously remanded the case for re-evaluation. During subsequent hearings, the court realized there were no clear guidelines for assessing objections under Section 3(m). To address this, the court appointed an Amicus Curiae to help formulate such guidelines. The primary outcome was the finalization and publication of these detailed guidelines for examining patent claims under Section 3(m), aiming to provide clarity for patent examiners and applicants. Result: Appeal was disposed of on merits; new guidelines for Section 3(m) examination were finalized and ordered for implementation by the Patent Office.

Tags

#patentability#Section 3(m) exclusion#mental act#software patent#guidelines
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