PatentAllowed 3 July 2024
Microsoft Technology Licensing LLC v. Assistant Controller of Patents
(T) CMA (PT) No.49 of 2023 [OA/36/2020/PT/CHN]
- Court
- Madras High Court
- Bench
- Justice Senthilkumar Ramamoorthy
- Outcome
- Allowed
- Date of judgment
- 3/7/2024
Statutory provisions
Section 117-A, Patents Act 1970 — Appeals to High CourtSection 3(k), Patents Act 1970 — Exclusions from patentability for computer programs “per se”Section 10(5), Patents Act 1970 — Sufficiency of disclosureSection 2(1)(j)(a), Patents Act 1970 — Definition of "inventive step"
Key issue
Whether a patent application for a computer-related invention that offers a technical effect and inventive step can be rejected as a "computer program per se" under Section 3(k) of the Patents Act, 1970.
Summary
This case involves an appeal filed by Microsoft Technology Licensing LLC against an order rejecting their patent application for a method and system to associate command services with multiple active components on a webpage. The patent office had rejected the application citing lack of inventive step and non-patentability as a computer program “per se”. The Court found that the claimed invention, despite relating to a computer program, offers a technical solution that improves the computer system's functionality and effectiveness, thus qualifying for patentability under Section 3(k) read along with recent Indian jurisprudence. The Court also found that the invention possessed an inventive step and was not obvious based on the prior art presented.
Result: The appeal is allowed, setting aside the impugned rejection order, and the claimed invention will proceed to grant based on the amended claims.
Tags
#computer related invention#patentability#inventive step#Section 3(k)#technical effect
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