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PatentAllowed 30 August 2024

Blackberry Limited v. Controller of Patents and Designs

C.A.(COMM.IPD-PAT) 318/2022

Court
Delhi High Court
Bench
Justice Prathiba M. Singh
Outcome
Allowed
Date of judgment
30/8/2024

Statutory provisions

Section 117A, Patents Act 1970 — AppealsSection 15, Patents Act 1970 — Power of Controller to refuse or require amendments, etc.Section 3(k), Patents Act 1970 — What are not inventions

Key issue

Whether a patent application for auto-selection and management of media files in a device, which includes specific technical features like cache management and categorisation based on confidence levels, is non-patentable as merely a "computer program per se" under Section 3(k) of the Patents Act, 1970.

Summary

This case involves an appeal against the refusal of a patent application for a method of auto-selection of media files. The Appellant, Blackberry Limited, argued that its invention offered significant technical advancements, improving device functionality and user experience. The Controller of Patents and Designs initially rejected the application, citing non-patentability under Section 3(k) of the Patents Act, claiming it was merely an algorithm or computer program. However, the High Court found that the invention provided a clear technical effect and contribution beyond just a computer program, distinguishing it from prior art. The court ultimately allowed the patent, subject to specific amendments to the claims. Result: Appeal for patent grant allowed, subject to amendment of claims to highlight the novel technical advancements.

Tags

#software patent#Section 3(k)#computer related invention#patentability
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