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PatentAllowed 16 April 2024

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

2024:DHC:3547

Court
Delhi High Court
Bench
Justice Prathiba M. Singh
Outcome
Allowed
Date of judgment
16/4/2024

Statutory provisions

Section 3(k), Patents Act 1970 — Exclusions from patentability for computer programs

Key issue

Can an invention related to 2D digital media compression, involving computer programs and hardware components, be patented in India despite objections under Section 3(k) of the Patents Act?

Summary

This case involves an appeal filed by Microsoft Technology Licensing, LLC, challenging the refusal of its patent application for an invention related to 2D digital media compression. The Assistant Controller of Patents and Designs had refused the patent primarily on the grounds that it fell within the scope of computer programs "per se" and thus was not patentable under Section 3(k) of the Patents Act. The High Court found that the Controller incorrectly applied outdated 2016 Computer Related Invention Guidelines, which required novel hardware, a requirement removed in the 2017 Guidelines. The court clarified that the invention demonstrates a technical effect by enhancing the functionality of a general-purpose computer for efficient data compression. Therefore, the invention is patentable. Result: Appeal for patent grant allowed; Controller directed to grant the patent application.

Tags

#computer related invention#patentability#Section 3(k)#technical effect
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